When it comes to anteriority, in most jurisdictions the conflict between a trademark and a trade name is as old as trademark law. Raluca Vasilescu takes a look at a recent case.
Article 8 of the Paris Convention specifies that “A trade name shall be protected in all the countries of the European Union without the obligation of filing or registration, whether or not it forms part of a trademark.”
Various national laws established specific rules for deciding the issue, but when it comes to European jurisdictions, we are still far away from a uniform approach.
Bibas Kft is a Hungarian company specialising in professional kitchen machines, including coffee machines for use in restaurants and bars. In April 2008, it applied for a trademark in Romania according to the national trademark law.
To continue reading, you need a subscription to WIPR. Start a subscription to WIPR for £455.
In-house feature articles, the archive and expert comment require a paid subscription. Subscribe now.
Want to give it a try? We are offering a two week free trial to the WIPR website – register and select “Free Trial” to begin access to the full WIPR archive and read the latest news, features and expert comment. Begin your free trial here.
Is your 2 week free trial about to end? Upgrade to a 12 month subscription for £455 now.
If you have already subscribed please login.
If you have any technical issues please email James Lynn on firstname.lastname@example.org.
Paris Convention, Bibas, trade name, OSIM