1 February 2012Jurisdiction reportsRaluca Vasilescu

Two steps forward, one step back in Romania

One issue is a landmark decision and the second is a challenged practice.

Landmark decision

The landmark decision was the result of an opposition that started under the previous trademark law. Cabinet M. Oproiu acted as counsel for the plaintiff, who filed the opposition, and the final decision was delivered in October 2011.

The legal provisions applicable to this case are the same under the new trademark law as they were under the old one. However, the interpretation given by the State Office for Inventions and Trademarks’s (OSIM’s) Board of Appeal in this case represents a notable difference in practice.

Cerveceria Modelo, a Mexican company and producer of Corona beer, has several trademarks that cover its popular beverage in Romania. Cerveceria Modelo owns trademarks for Corona, Corona Extra and Coronita for beer in class 32, as well as one trademark for Corona for restaurant and bar services in class 43. The marks are used continuously in the Romanian market for beer products, as in the image shown below:

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