Trademark Confusion and the Tort of Passing Off

What is trademark confusion? A trademark exists to identify the source of products and services to customers. Trademark confusion, then, occurs where a customer would be likely to confuse the source of particular products or services with another source – for example, by assuming that someone’s products and services are actually provided by someone else. Section 6 of the Trade-marks Act says that trademark confusion occurs where “both trade-marks in the same area would be likely to lead to the inference that the wares or services associated with those trade-marks are manufactured, sold, leased, hired or performed by the same.

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