Acţiune în contrafacere. Acţiune având ca obiect modificare denumire comercială. Invocarea de către reclamantă a unei mărci notorii

Action for infringement. Action having as object the change in the trade name. Invoking a well-known trademark by the claimant

Abstract

In order to own a well-known trademark, it is not enough to use a sign in the trade activity, but acquiring this type of trademark shall be dependent on some enhanced requirements residing in article 3 letter d) of Law no. 8/1996 as follows: “the well-known trademark - the broadly known trademark in Romania within the audience intended for the products or services to which it applies, without the need for the registration or use of the trademark in Romania in order to be opposed".

It follows from the structure of the legal rule set out that the essential element to become well-known is not represented by the simple use of the sign, but by its knowledge by the audience aimed at by the products and services to which it is...