Actual Confusion (Trademark) Law and Legal Definition

Actual confusion in trademark occurs when a consumer is confused about the source of goods or services because of similarity between two marks. Actual confusion can be conveyed when trademarks are vague, ambiguous, from untrustworthy sources, and because of unknown circumstances the sources are not identified. Even if there is a likelihood of confusion a trademark registration can be curtailed. When there is actual confusion it would amount to trademark infringement. Actual confusion is highly probative as evidence that the mark is likely to cause confusion.