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ARTICLE · 22 FEBRUARY 2007

Who Can Launch A Trade Mark Forfeiture Action?

In Romania, the legal provisions regarding the obligation to use a trade mark and the applicable sanction for the failing to use it have been adopted relatively recently adopted, through Law 84/1998 on trade marks and geographical indications.

RomaniaIntellectual Property
Iulia Siteavu
Iulia Siteavu

In Romania, the legal provisions regarding the obligation to use a trade mark and the applicable sanction for the failing to use it have been adopted relatively recently adopted, through Law 84/1998 on trade marks and geographical indications (hereinafter called Law). This provision gives two benefits: it allows the registration of new trade marks which that are identical or similar to previous, not-used ones, and it incentives a trademark owner to preserve their rights thereupon by using such.

This paper intends to approach the notion of "interested person" as specified in Law 84/1998 and to circumstantiate the sphere of the persons that belong with this category and that can justify an interest in promoting the forfeiture action as specified in Art. 45 in the Law.

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