THE NOTORIOUS, REPUTED AND FAMOUS TRADEMARKS
THE NOTORIOUS, REPUTED AND FAMOUS TRADEMARKS

Summary/Abstract: The owner of a trademark that has a reputation in Romania or in the European Union may request to court to forbid the infringer from using, without its consent, a sign identical or similar to its trademark, but for products or services different from those which are sold or provided under said trademark. According to Law no. 84/1998, the notorious (well-known) trademark is the trademark which does not necessarily have to be registered under the Trademark law protection. The Romanian doctrine sustains that famous trademarks do exist. In this paper, we shall attempt to find (if it really does exist) the difference between notorious (well-known), reputed and famous trademarks, the criteria by means of which these trademarks shall be distinguished and the evidence by means of which the notoriety, reputation or fame of a trademark may be argued. We shall also present the legal regime and our analysis will be based on the Trademark law, doctrine and case-law studies.

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