Andreea Livădariu*

Abstract
In a simple and direct way, by the availability of the sign it is understood that the sign has not already been appropriated, occupied in the same geographical area and in the same economic sector, or that the sign does not affect another previous intellectual property right. Thus, a sign may be unavailable either because it was previously registered as a trademark, or because it is used as a trade name or unregistered trademark, or because it is protected by other intellectual property rights (copyright, design right, patent) or of the personality (right to the name and right to the image). In this paper we propose to examine the relevant jurisprudence of the General Court of the European Union and the Court of Justice of the European Union regarding the confusion test applied in the analysis of the likelihood of confusion between two marks.

* Avocat partener în cadrul Societății Civile Profesionale de Avocați Roș și Asociații (This email address is being protected from spambots. You need JavaScript enabled to view it.). Asist univ. dr. Facultatea de Drept, Universitatea „Nicolae
Titulescu” din București.