Degenerarea mărcilor formate din denumiri
The Degeneration of Trademarks Consisting of Designations

Summary/Abstract: The concept of „trademark degeneration” is the situation in which the distinctive character and the impact on the public of the trademark are reduced. The Law 84/1998 on the trademarks stipulates that if „the trademark has become usual in the trade with a product or service for which it had been recorded, following an action or inaction of the holder”, it can determine losing the mark rights. Therefore, this losing of the rights also occurs as a sanction against the holder that acted erroneously or did not act at all, when its marks were in danger to reach the common vocabulary, becoming usual words. The degeneration is a phenomenon characteristic to the famous trademarks. This category includes those trademarks that, because of their success, are confounded with the name of that product. The phenomenon of degeneration is due mainly to the evolution rhythm of the trade in general, an alert rhythm in which the consumers no longer explain their needs, but identify them with a certain mark, whose name is taken from the common language, thus determining new and new social conventions of cohabitation and living together.

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