Trademark vs trade name: which is more important?


Raluca Vasilescu

Trademark vs trade name: which is more important?

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.

Paris Convention, Bibas, trade name, OSIM