Trademark versus Legal name

- February 18, 2021 -
Trademark versus Legal name

Trademark versus legal name - conflict or coexistence?


Recently was settled in the appeal a dispute in which our company provided assistance and representation, which had as object the conflict between a commercial name (legal name of a company) registered at the Trade Register with a trademark containing both verbal and figurative elements, so a combined brand.
The Romanian courts settled the dispute in favor of the trademark, practically rejecting the claim of the legal name, although it was registered at the Trade Register prior to the trademark registration and contains, in part, similar elements to those of the trademark whose cancellation it requested, being retained, in essence, the following legal arguments:

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