Thoughts on new regulations on the Community trade Cover Image
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Consideraţii cu privire la noile reglementări privind marca comunitară
Thoughts on new regulations on the Community trade

Author(s): Ionel Didea, Elise Nicoleta Vâlcu
Subject(s): Law, Constitution, Jurisprudence
Published by: Asociaţia Ştiinţifică de Dreptul Proprietăţii Intelectuale
Keywords: uniformity; exclusive right; conflict; previous trademarks; priority right

Summary/Abstract: Common Market established by the European Union, characterized by free movement of goods, persons, services and capital within it, led to the emergence of a new concept, designed to answer the need for uniform protection companies in the business context of the Community: Community mark. Council Regulation NO. 207/2009 of 26 February 2009 on Community mark establishes Community mark system which allows companies the right to acquire, according to a single procedure, Community marks with an uniform protection and that generates effects on the entire territory of the Community. In this regard it should be noted that Regulation (EC) no. 40/94 of 20 December 1993 on Community trade mark has been amended several times and the last substantially amendment was made by the Regulation of '2009. Community trade mark under the new regulation has to be regarded as an object of property right independently from the undertakings whose goods or services are designated. It can also be transferred, subject to the overriding need to' not' mislead' the' public' as' a' result' of' the' transfer' and' may' constitute' a' guarantee for a third party and subject to licensing. With regard to article 2 of the Regulation is established an Office for Harmonization in the Internal Market (Trade Marks and Designs), hereinafter „Office" technically independent and has legal personality and exercising the powers enforcement conferred by this regulation, the law and without prejudice to the powers exercised by the Community institutions.

  • Issue Year: 2010
  • Issue No: 03
  • Page Range: 111 - 119
  • Page Count: 9
  • Language: Romanian