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2016 Rev. Universul Juridic 149 (2016)
The Advantages of Designations of Origin in Comparison with Trademarks for Agri-Food Products

handle is hein.journals/univjurid2 and id is 523 raw text is: THE ADVANTAGES OF DESIGNATIONS OF ORIGIN IN COMPARISON WITH TRADEMARKS FOR AGRI-FOOD PRODUCTS Violeta MELNIC' e-mail: violeta.melnic.euggmail.com Abstract: Adapting to the demands of EU market involves changing the tendencies and focusing on origin-related product quality, unique due to natural and objective growth and production factors.The coexistence of two distinctive marks of intellectual property for agri-food products - trademarks and geographical indications - offers a choice to both producers and consumers. However, a fair assessment of quality offers more openness and credibility to products with designation of origin. Key words: demands of EU market, agri-food products, geographical indications and designations of origin The relevance of the approached theme is underlined by the diversification of the quality and origin of products on the market. The relatively small number of products with designation of origin in the Republic of Moldova diminishes the importance of their protection in the EU and involves obligations on the protection of products with designation of origin from the EU. Also, the tradition of EU Member States on agri-food products is concerned with their origin and territory-related qualities. The diversity of Moldovan products can make an impression by the specific of the delimited territory, the identifying traditions and their own taste qualities. Thus, Moldovan products, in small quantities, can impress the EU market and can earn a special place in it by specific qualities and different natural and geographic factors from those of the EU Member States. Adapting to the demands of EU market involves changing the tendencies and focusing on origin-related product quality, unique due to natural and objective growth and production factors. MATERIAL AND METHOD The coexistence of two distinctive marks of intellectual property for agri-food products - trademarks and geographical indications - offers a choice to both producers and consumers. However, a fair assessment of quality offers more openness and credibility to products with designation of origin. 1 Public officer, Republic Moldova Parliament RESULTS AND CONSIDERATIONS I. The advantages of trademark for agri- food products Currently, trademark is increasingly more used and its tendencies change. The trademark is the visible symbol that allows distinguishing a product or service of a manufacturer from the similar product or service of another manufacturer. Purchasing the right to hold a trademark has a triple condition: the symbol to be susceptible of protection, to be available and, if these two requirements are fulfilled, to be registered as a trademark (Victor Volcinschi, Dorian Chiroyca, Intellectual Property Law, Museum Publishing House, Lecture Notes, Chigintu, 2001, p.232 , p.156). In this context, French doctrine supports the idea that choosing the trademark-symbol is a primary and essential task as for its promotion a lot is spent on advertising that conveys the image of the company. The choice of a trademark is made for economic considerations, but it also must be valid from a legal point of view, thus certain conditions are imposed in order to acquire the trademark right. Trademark is a distinctive symbol designed to distinguish the goods and services of a trader. This distinction can be objective when it corresponds to the product characteristics, or subjective, when the trademark, without suggesting the product characteristics, aims to become attractive to consumers. Sometimes this power of attraction is so strong that the trademark enters the consumers' 149

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