Consumer Protection Against Confusion in The Trademark Law
Consumer Protection Against Confusion in The Trademark Law

Summary/Abstract: Information has contemporarily become a good with a major market importance, which is why we observe many efforts of the European legislator and the national legislators aimed at protecting the information. What is also of utmost importance is the protection of the communication channels, because all the information asymmetries cause disruption in an economically efficient allocation of goods. The nature of communication between the traders and consumers generates the risk of confusion. Due to the large number of interferences in this area there is required a skilful interference in its course, which can be made with the use of the effective legal instruments. For this reason, the article presents the problem, not analysed previously in broader terms, of consumer protection against confusion in the trademark law. The issue of consumer protection from the perspective of accuracy and adequate transparency of market information has already been the subject of analyses and studies, yet they were mostly undertaken from the perspective of unfair competition law. It should be noted, however, that consumer protection against disinformation can be manifested also on the grounds of trademark law within the protective right in relation to the trademark against the risk of the confusion of the recipients. The aim of this article is to present the issues related to this specific form of the protection of the consumer as the recipient of the goods covered by a specific sign, in the context of the model of the average consumer in the European law.

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