ANNULMENT OF A TRADEMARK FOR BAD FAITH
When entering any new potential market or trying to establish a name for oneself on a designated market, one of the first steps taken by any economic operator, apart from actually rendering the service or conceiving the product which is envisaged to be sold, is establishing the brand designated to...
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| Format: | Article |
| Language: | English |
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Nicolae Titulescu University Publishing House
2024-05-01
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| Series: | Challenges of the Knowledge Society |
| Subjects: | |
| Online Access: | http://cks.univnt.ro/download/cks_2024_articles%252F4_CKS_2024_INTELLECTUAL_PROPERTY_LAW%252FCKS_2024_INTELLECTUAL_PROPERTY_LAW_003.pdf |
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| _version_ | 1841562964876853248 |
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| author | Roxana CATEA |
| author_facet | Roxana CATEA |
| author_sort | Roxana CATEA |
| collection | DOAJ |
| description | When entering any new potential market or trying to establish a name for oneself on a designated market, one of the first steps taken by any economic operator, apart from actually rendering the service or conceiving the product which is envisaged to be sold, is establishing the brand designated to identify it. Unfortunately, in several scenarios, the band name is already taken, either by an aggressive competitor or by a „well-intended” contractual partner. Since in such cases, the name intended to be used as a trademark has already been unlawfully secured, interested parties may request its annulment, provided that the bad faith of the applicant is duly sustained with arguments and proofs. The purpose of this article is to address the concept of „bad faith” from a practical perspective, considering the Romanian courts’ recent optics of this open concept, based on the European Court of Justice’s principles and guidelines. The objectives of this article are outlining the different approaches of Romanian intellectual property courts insofar as bad faith is concerned, and explaining how the concept has evolved, based on the subjective and the objective element within the court’s analysis. Also, the article aims to better characterize the court’s standpoint with respect to bad faith in commercial relationships. |
| format | Article |
| id | doaj-art-f65a79a85eeb4de8b9775a3bce4b4762 |
| institution | Kabale University |
| issn | 2068-7796 |
| language | English |
| publishDate | 2024-05-01 |
| publisher | Nicolae Titulescu University Publishing House |
| record_format | Article |
| series | Challenges of the Knowledge Society |
| spelling | doaj-art-f65a79a85eeb4de8b9775a3bce4b47622025-01-03T00:37:52ZengNicolae Titulescu University Publishing HouseChallenges of the Knowledge Society2068-77962024-05-01171494497ANNULMENT OF A TRADEMARK FOR BAD FAITHRoxana CATEA0PhD Candidate, Faculty of Law, „Nicolae Titulescu” University of BucharestWhen entering any new potential market or trying to establish a name for oneself on a designated market, one of the first steps taken by any economic operator, apart from actually rendering the service or conceiving the product which is envisaged to be sold, is establishing the brand designated to identify it. Unfortunately, in several scenarios, the band name is already taken, either by an aggressive competitor or by a „well-intended” contractual partner. Since in such cases, the name intended to be used as a trademark has already been unlawfully secured, interested parties may request its annulment, provided that the bad faith of the applicant is duly sustained with arguments and proofs. The purpose of this article is to address the concept of „bad faith” from a practical perspective, considering the Romanian courts’ recent optics of this open concept, based on the European Court of Justice’s principles and guidelines. The objectives of this article are outlining the different approaches of Romanian intellectual property courts insofar as bad faith is concerned, and explaining how the concept has evolved, based on the subjective and the objective element within the court’s analysis. Also, the article aims to better characterize the court’s standpoint with respect to bad faith in commercial relationships.http://cks.univnt.ro/download/cks_2024_articles%252F4_CKS_2024_INTELLECTUAL_PROPERTY_LAW%252FCKS_2024_INTELLECTUAL_PROPERTY_LAW_003.pdftrademark registrationlegal interesttrademark squattingbad faith registrationtrademark annulmentgood faith in trademark registrationsubjective and objective elements |
| spellingShingle | Roxana CATEA ANNULMENT OF A TRADEMARK FOR BAD FAITH Challenges of the Knowledge Society trademark registration legal interest trademark squatting bad faith registration trademark annulment good faith in trademark registration subjective and objective elements |
| title | ANNULMENT OF A TRADEMARK FOR BAD FAITH |
| title_full | ANNULMENT OF A TRADEMARK FOR BAD FAITH |
| title_fullStr | ANNULMENT OF A TRADEMARK FOR BAD FAITH |
| title_full_unstemmed | ANNULMENT OF A TRADEMARK FOR BAD FAITH |
| title_short | ANNULMENT OF A TRADEMARK FOR BAD FAITH |
| title_sort | annulment of a trademark for bad faith |
| topic | trademark registration legal interest trademark squatting bad faith registration trademark annulment good faith in trademark registration subjective and objective elements |
| url | http://cks.univnt.ro/download/cks_2024_articles%252F4_CKS_2024_INTELLECTUAL_PROPERTY_LAW%252FCKS_2024_INTELLECTUAL_PROPERTY_LAW_003.pdf |
| work_keys_str_mv | AT roxanacatea annulmentofatrademarkforbadfaith |