Conflict între o marcă și un semn utilizat în activitatea comercială. Criterii de analiză a riscului de confuzie. Identificarea limitelor de protecție a mărcii.
Conflict between a trade mark and a sign used in the course of trade activity. Criteria for analyzing likelihood of confusion. Identifying the limits of trademark protection

Summary/Abstract: The High Court of Cassation and Justice, in accordance with the relevant legislation (Law No. 84/1998 on trademarks and geographical indications), held that the protection of trademark rights extends to its representation in the exact manner in which it was registered. Therefore, the elements that must be compared refer to the registered trademark and the sign used by a third party, while characteristics related to the practical use of the registered trademark are irrelevant in this regard. Thus, to analyze the existence of a risk of confusion, the court must first identify the limits of trademark protection as determined by its registration, including verbal elements, figurative elements, claimed colors, and protection classes. Additionally, as established in the case law of the Court of Justice of the European Union (Windsurfing Chiemsee, C-108/97 and C-109/97, para. 49), in determining the distinctiveness of a trademark and assessing whether it is strongly distinctive, a global evaluation must be conducted to determine the trademark's ability to identify the goods or services for which it was registered as originating from a specific producer and thus distinguish those goods or services from those of another producer.

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