However, because trademarks may be quite valuable, you should take great care in selecting one. Before you begin using your trademark, make sure that no one else can infringe on it. Make sure also that your proposed trademark will not infringe on someone else's trademark. Trademark infringement occurs when trademarks used by different businesses are so similar that potential customers might mistakenly believe that the goods or services of one business are provided by another business. Infringement can occur even if the two trademarks are not identical or even if the two businesses are not competitors.
Infringement can occur even if no customer was actually confused.
The mere likelihood of confusion can constitute infringement. If you use a trademark that infringes on another, you may be liable for damages, including the profits you earned while using the trademark. A trademark gives you at least a partial monopoly on the right to use the words or symbols that comprise the mark. Consequently, certain limitations apply to the types of words and symbols you can use in an enforceable trademark. For example, your trademark should not contain only words or symbols that are already in common use.