2. Anulare marcă, acțiune în contrafacere. Existența unei similarități între mărci, de natură să creeze un risc de confuzie. Lipsa unei opoziții în procedura administrativă din fața Oficiului de Stat pentru Invenții și Mărci
2. Annulment of trademark, action for counterfeiting. Existence of a similarity amongst trademarks, likely to generate a risk of confusion. The lack of any opposition in the administrative proceedings before the State Office for Inventions and Tradem

Summary/Abstract: Law no. 84/1998 regulates the opposition upon registration of the trademark as a distinct and independent procedure of filing the action for annulment of a trademark, and not as a prior procedure needed to be fulfilled prior to bringing the action for annulment of the trademark already registered before the court. There is a strong conceptual link between the “Health Agenda” and “Pocket Health Agenda”, resulting from the fact that the subsequent trademark has taken over in a faithful, identical manner, in its content, the verbal elements “Health Agenda” from the previous trademark and, by default, the idea of a scientific paper which provides healthcare information. Therefore, the concept provided by the words “Healthcare Agenda” shall be identically found in the overall sign of the defendant, as the attachment of the elements “of” and “pocket” is not able to provide a conceptual difference, since they induce in the consumer’s mind only the fact that the product aimed at registration comes from the same producer, however, in a smaller pocket version.

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