The protection of the european trademark in the light of the EU regulation 2015/2424 of the European parliament and of the council

• Author: I.C. Murzea/R. Matefi
• Position: Transylvania University of Brasov
• Pages: 199-204

Bulletin of the Transylvania University of Brasov

Series VII: Social Sciences • Law • Vol. 10 (59) No. 1 - 2017

THE PROTECTION OF THE EUROPEAN

TRADEMARK IN THE LIGHT OF

THE EU REGULATION 2015/2424

OF THE EUROPEAN PARLIAMENT

AND OF THE COUNCIL

I.C. MURZEA1 R. MATEFI1

Abstract: The present paper aims to analyze the novelty aspects brought

about by the EU Regulation 2015/2424 of the European Parliament and of

the Council which came into force March 23rd, 2016, regarding the

trademark, especially aspects regarding its protection and the rights it

provides, as opposed to national law and the old community law. We will

consider both theoretical aspects, as well as jurisprudence issues in this

domain.

Key words: national trademark, European trademark, consent, holder,

third party, distinctive characteristic, identity, similarity.

1. Introduction

The main role of the trademark, whether national or European (the former community

trademark) is that of allowing a distinction between the products or services of different

producers and to remove any confusion of the consumers regarding the provider of that

certain product, thus allowing the public to decide accordingly.

As seen in the interpretation of the EU Court of Justice, the public which we are

referring to is the “medium consumer of those products and services, normally informed

and averagely diligent (Henkel Decision/OAPI, C- 456/01 P and C – 457/01 P, EU: C:

2004: 258, point 35)” (Albușel, Budileanu, 2017, p. 149).

In order to avoid confusion, the lawmaker established a series of interdictions with

regard to the use of third parties, in their commercial activity, of signs which are likely to

create confusion with registered trademarks, without consent from the holder of the

trademark.

The EU Regulation 2015/2424 of the European Parliament and of the Council came

into force March 23rd, 2016 and it aims to modify Regulation (EC) 207/2009 regarding

the community trademark, thus bringing some clarifications and additional regulations

likely to adapt the European trademark to the new legislative realities.

1 Transylvania University of Brasov, cristinel.murzea@unitbv.ro