The derogatory legal regime of the reputed mark, as an exception from the application of the principle of specialty of the mark Cover Image
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Regimul juridic derogator al mărcii de renume, ca excepţie de la aplicarea principiului specialităţii mărcilor
The derogatory legal regime of the reputed mark, as an exception from the application of the principle of specialty of the mark

Author(s): Andreea Livădariu
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Asociaţia Ştiinţifică de Dreptul Proprietăţii Intelectuale
Keywords: reputed trademarks; well-known trademarks; the principle of specialty of trademarks; use without due; products and/or services; legal certainty; Nice Classification;

Summary/Abstract: A distinctive sign may be requested for registration and protected for certain products and/or services that the future owner wishes to be distinguished from those of its competitors. This rule, called the „principle of the specialty of trade marks”, has exceptions in respect of well-known trademarks, the protection of which may, in certain cases, be extended to other products and/or services than those for which the earlier trade mark was registered. Numerous problems can arise in practice regarding the conditions for the protection of reputed trademarks, the interest being huge: the extension ope legis of trademark protection to products and/or services for which the owner does not have the trademark registered. The purpose of this paper is to present a detailed analysis of the legal regime of the reputed trademarks, as an exception from the principle of the specialty of trademarks, but also a delimitation of the protection of the well-known trademarks from the reputed ones.

  • Issue Year: 2023
  • Issue No: 3
  • Page Range: 190-209
  • Page Count: 20
  • Language: Romanian