There are a multitude of trademark actions that can be brought. These actions very between states and include federal causes of action. Primarily, there are two types of trademark infringement actions that encompass the majority of trademark actions. These are trademark actions are likelihood of confusion and trademark dilution. A likelihood of confusion action is the bread and butter of trademark infringement and, thus, the most important.

In sum, to prevail on a trademark cause of action, the plaintiff must first prove that it has rights in the alleged trademark. Next, that the defendant is infringing on upon the trademark by using a confusingly similar trademark that is likely to cause confusion with plaintiff's trademark (or dilution or some other type of harm). Finally, if a plaintiff prevails on proving a valid trademark and damage to that trademark by defendant, the defendant may provide some type of defense.