Trade mark confusion in the light of European Court of Justice and Supreme Court decisions

Nowadays, trademark infringement can be seen frequently and variously, but in practice this infringement is mostly performed by the way of confusion. In case of this infringement, it is intended to mislead to consumers by the way of giving rise to confusion between trademarks. Therefore, the party that gives rise to confusion between trademarks provides his/her goods or services to be sold. Trademark infringement by the way of confusion is an occasion, which is more difficult to ascertain and prevent than other ways of infringement. Thus, it is necessary to clarify the concept of confusion and determine how trademark infringement by the way of confusion can be performed and how it can be ascertained. The main objective of this study is to clarify the term confusion in trademark law and to determine how trademark infringement can be performed and can be ascertained in the light of decisions of Court of Appeal and European Court of Justice. Keywords: Trade Mark, Trade Mark Law, Trade Mark Right, Trade Mark Infringement, Confusion