2. JURISPRUDENȚĂ NAȚIONALĂ Marcă. Reaua-credință la înregistrarea unei mărci
2. NATIONAL CASE LAW Trademark. Bad faith in trademark registration

Summary/Abstract: In the case under analysis, the High Court of Cassation and Justice reaffirmed the legal benchmarks concerning the assessment of bad faith in the registration of a trademark, within the meaning of Article 47(1)(c) of Law no. 84/1998 on trademarks and geographical indications, in line with the criteria developed in a landmark judgment on trademarks by the Court of Justice of the European Union. Thus, in Case C‑529/07 concerning the dispute between Chocoladefabriken Lindt & Sprüngli AG, the European Court held that the existence of the applicant’s bad faith must be assessed globally, taking into account all relevant factors in the case and present at the time the application for registration of a sign as a trademark was filed.

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