The term confusion in trade mark law and its practice

Recently, trade mark infringement can be seen frequently but in practice this infringement is mostly performed by the way of confusion. In case of this infringement, it is intended to mislead the consumers by the way of giving rise to confusion. Thereby, the party that gives rise to confusion provides his/her products to be sold by cheating the consumers. Trade mark infringement by the way of confusion is an occasion, which is more difficult than other infringement ways to ascertain and to prevent. Because of this reason, this term should be demystified and it should be determined how trade mark infringement by the way of confusion can be performed and how it can be ascertained. In this study, the term confusion and it is condition in different legal arrangements is explained in the scope of trade mark infringement by the way of confusion and how confusion can be determined is clarified. The main objective of this study is to demystify the term confusion in trade mark law and to determine how trade mark infringement can be performed and can be ascertained in light of decisions of Court of Appeal.