Considerations on the Company’s Name and the Trademark as Parts of the Trade Fund
Considerations on the Company’s Name and the Trademark as Parts of the Trade Fund

Author(s): Cristina Cojocaru
Subject(s): Law, Constitution, Jurisprudence, Law on Economics, Commercial Law
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: Romanian commercial law; trade fund; company’s name; trademark;
Summary/Abstract: The identification attributes of a company belong to its trade fund and are mandatory for the registration and development of the activity. Sometimes these elements borrow characteristics, but they must be used within the limits established by the legal provisions. The recent decision of the High Court of Cassation and Justice no. 104 of 25 January 2022 brings into focus the company’s name and the trademark as indispensable elements for conducting commercial activity, as well as the conditions for using the company’s name as a trademark. Without attempting to treat the subject exhaustively, the article highlights some of the most important aspects of the identification attributes from the perspective of corporate laws.

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