What is the test for trademark infringement?

The test for trademark infringement focuses on whether there is a likelihood of confusion between the marks. Thus, the important question is whether a significant number of the consuming public would likely be confused or deceived as to who the source of the marked products actually is. One does not have to show that there is actual confusion, nor does he have to show that the other party intended to cause confusion, although both of these are strong pieces of evidence contributing to the determination of whether there is a likelihood of confusion.