El acto de confusión: su impacto en el titular del registro marcario y en el consumidor

Abstract

The trademark is an omnipresent component in the commercial sphere, as it facilitates the identification of various offerings in the market. However, this does not prevent the emergence of conflicts between them. The most common conflict is trademark confusion, which arises from the improper use of identical or similar marks, or from their coexistence with previously registered trademarks. This generates harm for both the holder of the trademark rights and for consumers, as confusion affects consumers’ right to freely choose products or services and make informed decisions, while the trademark owner suffers customer diversion, loss of sales, and in some cases, deterioration of brand reputation.

Therefore, it can be affirmed that the impact of confusion is dual: on one hand, it acts as a generator of unfair competition, infringing upon consumer rights; on the other, it constitutes a case of trademark infringement, violating the industrial property rights of the registered trademark owner.

The objective of this research is to analyze the regulatory framework that governs protection measures for both trademark holders and consumers in cases of trademark confusion, as well as to examine the nature of such measures through jurisprudential, doctrinal, conceptual, and legislative comparisons, and to evaluate their impact on both parties. This project is developed under a socio-legal approach, employing a mixed methodology. Its results aim to contribute to the strengthening of the protection framework and the promotion of awareness regarding the rights of registered trademark holders and consumers, and to mitigate the negative effects of confusion on trademarks, given that these marks form the essential link between consumers and the products or services offered in the market.