Acțiune în anularea unei mărci pentru înregistrare cu rea-credință. Calitate procesuală activă. Cerința justificării interesului
Action for cancellation of a trademark for registration in bad faith. Active legal capacity. The requirement of justification of interest

Summary/Abstract: In the action brought before the court in the analyzed case, the plaintiff requested the cancellation of the individual verbal trademark Neobiotech, for its registration in bad faith. At the same time, before the court of first instance, the defendant raised the exception of the plaintiff's lack of interest in promoting the action, arguing that the plaintiff does not justify a personal and direct interest since it is not the holder of a right to the Neobiotech trademark, the plaintiff company being only the importer and distributor in Romania of Neobiotech products, and did not motivate or prove the existence of any restriction in the commercialization of these products as a result of the rights registered by the defendant for the Neobiotech trademark whose cancellation is requested.

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