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Complementaritatea în domeniul mărcilor
Complementarity in the Field of Trademarks

Author(s): Gheorghe Gheorghiu
Subject(s): Law, Constitution, Jurisprudence
Published by: Asociaţia Ştiinţifică de Dreptul Proprietăţii Intelectuale
Keywords: trademark; product or service class; distinctive sign; confusingly risk; criteria of distinctness

Summary/Abstract: According to Law no. 84/2009 on trademarks and geographical indications, can be a trademark any sign capable of graphic representation provided that such signs are capable of distinguishing goods or services of one undertaking from those of other enterprises. In some cases, arise situations of complementarity whose appreciation is often difficult to analyse; with this respect the community jurisprudence has pronounced that are complementary goods the ones which are closely connected, in the sense that one is indispensable or important for the use of the other, so that consumers can believe that the responsibility for these products belongs to the same enterprise. This article discusses this problem in the case of associating products from different classes under the same brand, trying to find legal and jurisprudential criteria solutions.

  • Issue Year: 2014
  • Issue No: 1
  • Page Range: 64-74
  • Page Count: 11
  • Language: Romanian