Do we still need brands? Revisiting the essential function of trade marks and the consumer model in AI-mediated commerce

Abstract Artificial intelligence (AI) is increasingly shaping consumer purchasing decisions and transforming the informational environment in which brands operate. This development challenges both the trade mark law system in performing its essential function of indicating commercial origin and the human-centred model of the consumer. Key AI-mediated shopping use cases, such as recommender systems, chatbots and voice assistants, illustrate how varying degrees of technological involvement in the purchasing process reduce the relevance of trade marks as shorthand indicators of origin and quality. Although human perception remains important after purchase, AI’s growing role as an ‘intermediary filter’ in pre-purchase decisions creates new opportunities for unfair competition and risks undermining consumer welfare. In this context, adapting legal frameworks to AI-mediated commerce should involve going beyond general transparency requirements, clarifying how liability may arise, ensuring that trade marks remain visible and rethinking the consumer model so that the protection benchmark it sets remains aligned with market realities.