MARCA COMUNITARĂ – între necesitate şi oportunitate

Diaconescu, Mirela
Diaconescu, Mihai
Publication date: 
Trade mark is a key element of company strategy and enhancing its value the enterprise can keep or acquiring market shares. The trade mark is an indispensable instrument for communicating with the public; it is a sign of quality and it establishes a relationship with the consumer based on trust by staking the company’s reputation and offering a guarantee of consistent quality; the trade mark is an important capital good of a company, that can be commercially exploited by licensing, franchising, merchandising and sponsorship. As a marketing tool it may even constitute the company’s main asset. Prior to the introduction of the Community trade mark, companies could protect their trade marks throughout the European Union in two different ways: nationally and internationally. Since the 1st of January 1993, the free movement of goods, persons, services and capital within the Community has given an European dimension to the trade mark strategies of an increasing number of companies. It is also the case of the Romanian companies which must take into account the impact of the integration in the Single Market since Romania has been a Member State of the European Union. Therefore, the companies which still base this strategy on their national market as their main market will become aware of the requirements of the European Market. On 1st January 2007 Romania has become a Member State of the European Union. The analysis presented in this paper focuses on the challenges of this aspect for the trade mark strategies of the Romanian companies; starting from the essential functions of a trade mark and going by the advantages of the Community trade mark, the paper focuses on the legal implications of enlargement for the national and Community trade mark systems (because it is possible to have a conflict situation between the national trade mark and the Community trade mark), on the importance and the strengths which can afford the protection by the Community trade mark for the Romanian companies, confronted to a highest competition on an extended European Market.