Trademark infringement is the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services.
It is thus an infringement of exclusive rights attaching to a trademark without the authorization of the trademark owner or any licensee.
The owner of a trademark right owns the exclusive right to use the registered trademark for the designated goods or services listed in the application for trademark registration ("Designated Goods" or "Designated Services") for the stipulated duration from the date of registration. (However, the duration of the right may be extended).
Thus, the use of the registered trademark by another party for the Designated Goods or Services is deemed to infringe the trademark rights.
Furthermore, the following are also deemed to constitute trademark infringement:
- Use of a trademark that is similar to the registered trademark for goods/services that are identical or similar to Designated Goods/Services and
- Use of the registered trademark for goods/services that are similar to Designated Goods/Services.
In addition, in order to make the protection of trademark rights effective, a preliminary act of direct infringement, such as possession of a package of Designated Goods for assignment, is also deemed infringement.