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What is the difference between a counterfeit trademark and an infringing trademark?

April 26, 2017counterfeit difference infringing Trademark

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What is the difference between a counterfeit trademark and an infringing trademark?

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A. All counterfeit marks are infringing. Infringing marks also include a broader class of marks that are “confusingly similar” to genuine marks. While counterfeit marks include marks that are “substantially indistinguishable” from a genuine mark, this definition comtemplates only minor or trivial differences from the genuine mark. The “confusingly similar” test for infringing marks contemplates wider differences.