Regarding the inadmissibility of the action alleging infringement against a registered trademark. Is it necessary to reconsider the judicial practice? Cover Image
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Despre inadmisibilitatea acţiunii în contrafacere împotriva unei mărci înregistrate. Este necesară reconsiderarea practicii judiciare?
Regarding the inadmissibility of the action alleging infringement against a registered trademark. Is it necessary to reconsider the judicial practice?

Author(s): Constanda Andreia, Spineanu-Matei Octavia
Subject(s): Law, Constitution, Jurisprudence
Published by: Asociaţia Ştiinţifică de Dreptul Proprietăţii Intelectuale
Keywords: community trademark; exclusive right; holder of a Community trademark; use of trademark; third parties.

Summary/Abstract: The study of the honourable authors refers to a judgment rendered by the Court of Justice of the European Union, in which the Court answered to a question referred for a preliminary ruling addressed by a Spanish court, having as subject matter the interpretation of art. 9 para. (1) of the Regulation (EC) no. 207/2009 of the Council of 26 February 2009 (coded version) regarding the Community trademark, a rule which consecrates the exclusive right conferred to the holder of a registered Community trademark, as well as the prerogatives of such a right.

  • Issue Year: 2013
  • Issue No: 02
  • Page Range: 9-17
  • Page Count: 9
  • Language: Romanian