Which statement best describes the elements required to prove trademark infringement?

• A. Intent to deceive is required.
• B. Registration alone is sufficient.
• C. Both use and registration of the mark, plus a likelihood of confusion, are typically required.
• D. Actual confusion must be proven in every case.

Answer: (C)

Trademark infringement hinges on proving that the owner has a valid mark and that someone else used that mark in commerce in a way likely to confuse consumers about the source, sponsorship, or affiliation of the goods or services. The elements you evaluate are: ownership of a valid mark (often supported by registration), actual use of the mark by the defendant in commerce, and a likelihood of confusion among consumers. Registration helps establish ownership and validity, but by itself it doesn’t prove infringement—the defendant must have used the mark in commerce in connection with goods or services. Crucially, infringement is shown through the likelihood of confusion, not necessarily by actual consumer confusion in every case; actual confusion is just one form of evidence. Intent to deceive isn’t required, even if it may be considered in some disputes.