Risks for microbusinesses due to disputes arising when using trademarks by business entities

Based on an analysis of court rulings and international experience, the article shows certain problems in the practice of courts applying approaches used to determine confusing similarity with respect to trademarks and service marks in controversial situations. The risks arising when such disputes arise with the participation of micro-business representatives are also considered. The article presents the author's proposal, the implementation of which will eliminate the risk of bankruptcies of micro-business representatives (self-employed and small individual entrepreneurs) after lost cases due to honest misconceptions or unfair competition from large businesses.