Lucian Poenaru*

Abstract
The context of this brief analysis is given by the implications produced by the connection that the consumer makes between similar trademarks for similar products or services or for different products or services. The management of the similarity of senior trademark with the junior sign could not be done in the absence of a subjective corollary, namely the risk of
the consumer to being confused by this very similarity. However, the implications of the risk of association occur differently in relation to the functions related to the trademark and become relevant insofar as it actually proves the likelihood of confusion or the risk of unfair third-party conduct benefiting, in a broad sense, from the reputation of the earlier mark. In the absence of proof of the likelihood of confusion or in the absence of evidence of unfair benefits, the connection which the consumer makes or the  feelings which this association generates should not be presumed to infringe the exclusive rights enjoyed by the proprietor of the earlier trademark

* Av. dr. Lucian Poenaru, Facultatea de Drept – Universitatea din Bucureşti, luciantraian. This email address is being protected from spambots. You need JavaScript enabled to view it..