Community trade mark versus national brand

Abstract

In the current society, valences mark has arquired special thanks and functions that it fulfills, it becomes an essential element of any marketing strategy. And the entry of Romania’ s accession to the European Union has created new business opportunities for romanies companies, facilitate access much easier on the European market. Market commune imposed by the need to create a new concept of nature to respond to new realities. This concept is the brand community, thereby guvung companies a tool for uniform protection of the right of the trademarks of their space in the European Union. A trader can protect his mark in a single state, several states or the entire space in the Community. Without minimize the least obvious advantage of the brand community, we can not, however, ignore certain aspects on the fate of Romanian national trademark identical or similar marks Community registered for identical or similar products. Thus, although the national coexist with the community does not mean that it should coexist identical or similar marks, too, althought at that time were registered in good faith, if they use nature to create a risk of confusion or association for consumer. This paper (article) will mark this conflict between national and community trademark and ways of solving it.