The trademark counterfeit action must not be confused with the trademark action for annulment. The two actions have a different purpose. The problem identified by the doctrine is that of the initiation of the trademark counterfeit action against somebody who already has a registered trademark.
At European level it is considered that one can initiate a trademark counterfeit action against somebody who has a registered trademark, without it being canceled first. The Romanian jurisprudence considers that the trademark must first be canceled and only afterwards can a trademark counterfeit action be initiated.