3. Acțiune în contrafacere, în ipoteza în care pârâtul este titularul unei mărci ulterioare. Existența unei similarități între mărci, de natură să creeze un risc de confuzie
3. Action for counterfeiting, assuming that the defendant is the holder of a subsequent trademark. Existence of a similarity amongst trademarks, likely to generate a risk of confusion

Summary/Abstract: Filing an action for counterfeiting and its effects shall not be removed by the registration of the incriminated sign as a trademark. In Case C 491/14, it was established that article 5 paragraph 1 of the Directive 2008/95/EC should be construed and interpreted in the sense that the exclusive right of the holder of a trademark to prevent any third party from using in trade any identical signs or similar to its trademark shall include the third party holder of a subsequent trademark, without the need to previously declare the nullity of this latest trademark. In the same context, no objection can be accepted according to which due to granting the claim for counterfeiting against the holder of the subsequent trademark, the latter would be deprived of the powers conferred by its own right to the trademark, and it would be devoid of any content without being annulled, and the subsequent trademark shall be deemed as devoid of any efficiency (at least) towards the claimant, even without being annulled, either until the effective annulment, or until the date when the holder of the previous trademark gives its content, if appropriate, to use the subsequent trademark under certain conditions, if it came to a transaction upon this issue.

• Details
• Contents