Court explains bad faith cancellation


Raluca Vasilescu

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 facts

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.

bad faith, trademark cancellation