George-Mihai Irimescu*

Abstract

The present paper tackles the matter of well-known status according to the Romanian law and practice.

The first part of the article presents the provisions of the Romanian Trademarks Law regarding well-known marks before being republished in 2010, showing the evolution of this notion the way the scope of protection of well-known trademarks changed, along with those regarding trademarks with reputation.

Further on, the article describes the means of protection for well-known trademarks, both in procedural and court actions. One of the discussed issues is whether proving the existence of the likelihood of confusion, including the likelihood of association, is a condition for enforcing well-known trademarks.

The article also makes a brief description of possible evidence for supporting a well-known status claim, referring to different types of evidence or determining the moment in time when the well-known status should be proven.

The trademark dilution, in connection both with well-known trademarks and trademarks with reputation is hereby debated.

The article ends with a brief comparison between well-known trademarks and trademarks with reputation.

 

* Doctorand al Universităţii „Nicolae Titulescu” Bucureşti, Consilier juridic S.C. PETOSEVIIC SRL Bucureşti, E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.