united-kingdom trademark
When am I infringing on a trademark?
<p>I'm going to release an open source project, let's call it ABC. My project is a piece of software that is non-commercial. However, ABC already exists as a trademark for an existing company.</p>

<p>My project is software. This company sells a consumable product. Would I be infringing on their trademark, or is it okay because they are in completely different "realms"? </p>

<p>See <a href="http://www.legislation.gov.uk/ukpga/1994/26/section/10" rel="nofollow noreferrer">Section 10 of the Trademark Act 1994</a>.  In particular: Ask yourself if your 'sign' is similar to ABC's trademark, and whether it is used for the purposes of distinguishing a <strong><em>similar good</em></strong> from the consumer product of ABC?</p>

<p>You are selling a software product, which presumably has a sign affixed to it that is similar to ABC's trademark, and that is what is causing you concern. However, since your software product is arguably not a 'similar good' to ABC's consumer good, you shouldn't have a problem.</p>

<p>The primary use of a trademark is to identify a specific product or producer. To know whether your similar trademark would infringe on theirs, you have to answer the question of <em>would people confuse me for them, or confuse my product for theirs?</em></p>

<p>If this is likely, you're at risk of infringement. If you're not sure, you should seek independent advice from someone familiar with trademark cases and law.</p>

<p>If it's unlikely or impossible to have confusion, of course you may be sued anyway, because trademarks lose validity if they're not defended. It's not that you actually infringed, it's that the other company has to (look like they) care about the possibility of it.</p>
