The distinctions between the two are:
1. Infringement of trademark is the unauthorized use of a trademark, whereas unfair competition is the passing off of one’s goods as those of another.
2. In infringement of trademark fraudulent intent is unnecessary whereas in unfair competition fraudulent intent is essential.
3. In infringement of trademark the prior registration of the trademark is a prerequisite to the action, whereas in unfair competition registration is not necessary.
Source: Del Monte vs Court of Appeals
