Unregistered trademarks vs. registered trademarks at the level of the European Union Cover Image
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Mărci neînregistrate vs. mărci înregistrate la nivelul Uniunii Europene
Unregistered trademarks vs. registered trademarks at the level of the European Union

Author(s): George-Mihai Irimescu
Subject(s): Law, Constitution, Jurisprudence
Published by: Asociaţia Ştiinţifică de Dreptul Proprietăţii Intelectuale
Keywords: unregistered trademarks; European Union; trademark use; unregistered trademarks;

Summary/Abstract: This paper aims at analyzing the possibilities of protection of unregistered trademarks in the European Union. The first chapter analyzes the relevant legal provisions, highlighting the European legislator's approach with respect to the protection of unregistered trademarks. Then, the main provisions regarding the opposability of national unregistered marks at European level and the conditions they have to meet are also analyzed, also reviewing the relevant case-law. Last but not least, the article concludes with short considerations regarding the opposability of unregistered trademarks by Romanian holders, as well as with short conclusions regarding the opposability of unregistered trademarks at European level.

  • Issue Year: 2018
  • Issue No: 1
  • Page Range: 166-183
  • Page Count: 18
  • Language: Romanian