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.
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
Paris Convention, Bibas, trade name, OSIM