Alina Haţeg*

Abstract

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.

 

* Jurist, E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

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