At the beginning of May 2010, the Municipal Court of Bucharest delivered its motivation for a November 2009 court decision in favour of cancelling a Romanian trademark on bad faith grounds.
The motivation is important for its reasoning, as there is no clear definition in Romanian legislation of what ‘bad faith’ means.
The claimant, a German clothing manufacturer, has several Community Trademarks and international registrations for a ‘T & coloured logo’ mark. The international registrations did not cover Romania, but the Community Trademarks, filed in 2003, were valid in Romania from January 1, 2007, when the country joined the EU. The German company has stores in many European countries. In Romania, the company has been operating since 2008.
The rest of this article is locked for subscribers only. Please login to continue reading.
If you don't have a login, you will need to purchase a subscription to gain access to this article, including all our online content. Please use this link and follow the steps.
For multi-user price options, or to check if your company has an existing subscription to us that we can add you to for FREE, please email Atif Choudhury at firstname.lastname@example.org
bad faith, trademark cancellation