What are the elements of a claim for trademark infringement?

• A. A valid trademark must be registered and used in commerce
• B. The owner must prove actual confusion is necessary
• C. The owner only needs to show that the other party used a similar mark
• D. The owner must show that the owner used and registered the mark, and that the other party's use is likely to cause confusion or deceive consumers about the source

Answer: (D)

The main idea is that a valid trademark owner must prove two things to win an infringement claim: they have a protectable mark, and another party’s use of a similar mark is likely to confuse consumers about who provides the goods or services. If the mark is registered, that registration helps by showing ownership and validity, and the owner must show that the other party used the mark in commerce in a way that could be mistaken for source, sponsorship, or affiliation.

This answer frames the elements by saying the owner has used and registered the mark, establishing a protectable right, and that the other party’s use is likely to cause confusion or deceive consumers about the source. Those points cover the core requirements: ownership of a valid mark (often evidenced by registration), use by the defendant in commerce, and a likelihood of confusion as to the source, which is the harm the law seeks to prevent.

While it’s true that actual confusion isn’t always shown, and that infringement can apply to unregistered marks when they are used in commerce, the combination of ownership/registration, use in commerce, and a likelihood of confusion best captures the standard the law uses to protect a mark’s identification of source.