Repere jurisprudenţiale privind apărarea numelui patronimic protejat ca marcă
Jurisprudential References for Defending the Patronymic Name Protected as a Trademark

Summary/Abstract: Some of the most valuable trade marks worldwide are personal names. While Romania is yet to have a Versace of its own, the practice of using personal names to distinguish one’s own goods or services from those of other producers or to attach one’s own reputation to that person’s goods or services as a guarantee of quality has been on the increase in the recent years in our country as well. This article takes a look into the main avenues of defending one’s right over a personal name, when such name has developed a secondary meaning in relation to certain goods or services, as opposed to the avenues of protecting one’s right to a personal name as part of personality rights. While the sources of protection may be concurrent in certain cases, there are clear-cut distinctions and requirements to be met when seeking protection of a personal name trade mark against unauthorized use, under both Romanian legislation and in special international dispute resolution procedures. It is this latter aspect that we focus on here, discussing a number of case law solutions to illustrate the particular requirements to successfully defend a personal name trade mark against unauthorized use.

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