Invalidity Action (Registered Trademarks)
In an increasingly globalized and competitive economy, protecting a registered trademark is essential to the success of a business, and trademark registration must strictly comply with the curent legislation. Abusive or bad faith registration of a trademark can seriously affect the rights of other proprietors and cause confusion among consumers. Therefore, a trademark cancellation lawyer provides a crucial tool to protect the legitimate interests of affected parties.
In this context, The Romanian Law Firm Pavel Mărgărit and Associates offers specialized legal services for trademark cancellation actions, OSIM trademark registration, verifying registered trademarks, trade mark registration, register trademark, and assisting clients to apply for trademark or file trademark for business name, as well as copyright registration, intellectual property consultancy, copyright defense, representation in copyright and industrial property conflicts, ensuring full protection of the trademark and associated rights, in accordance with intellectual property law. We also offer help in non use cancellation trademark cases and international filings via WIPO (the World Intellectual Property Organization) or EUIPO (the European Union Intellectual Property Office) for trademark registration Europe and trademark Europe, ensuring comprehensive protection for European trademark rights.
Intellectual property rights and trademark lawyer in Romania. The role and importance of trademarks in protecting a business in Romania
A trademark is defined by law as a distinctive sign that serves to identify and differentiate the goods or services offered by a natural or legal person from those of other entities. In practical terms, a trademark functions as a unique imprint of a business or individual in the marketplace, facilitating consumer recognition and loyalty.
To apply for trademark and register trademark at the State Office for Inventions and Trademarks (OSIM) grants the owner an exclusive right for 10 years on the trademark for the designated goods and services, with the possibility of renewal. Trademarks are part of a broader set of intellectual property rights, along with copyright, patents, industrial designs and models.
For extended trademark protection, owners can also opt for international registration through the World Intellectual Property Organization (WIPO) or apply for European trademark protection through a submission to the European Union Intellectual Property Office (EUIPO), European Union trademarks being protected in Romania according to EU provisions. Therefore, these registered trademarks can enjoy legal recognition in several jurisdictions, essential for expanding business internationally. Accordingly, a trademark lawyer, an intellectual property lawyer or apatent attorneys can provide expert assistance in the trademark registration process such as helpingtoapply for trademark, to register trademark, to file trademark for business name, including the initiation of trademark cancellation actions before the competent court.
The Romanian Law Firm Pavel Mărgărit and Associates offers high quality legal services in trademark protection, providing full assistance with trademark registration, trademark search in the OSIM databases, and optionally those of the European Union Intellectual Property Office (EUIPO) and World Intellectual Property Organization (WIPO), in order to identify possible conflicts in advance and avoid rejection of the application or costly litigation.
Copyright lawyer in Romania. Legal framework and grounds for trademark cancellation action
Registerd trademark rights may be terminated by expiration of the term of protection, express surrender of the registered trademark by the owner, forfeiture of rights and trademark cancellation of trademark registration for reasons such as conflict with prior rights, bad faith and infringement of the right of publicity.
A trademark cancellation action is a legal action seeking the annulment of a registered trademark where it is considered to have been registered in violation of the law or of the prior rights of other proprietors. This procedure is essential in protecting intellectual property rights, offering the possibility to challenge the validity of a registered trademark either nationally or internationally, such as trademark Europe registrations. In this context, an intellectual property or trademark cancellation lawyer has an important role both in trademark verification and in handling OSIM trademark registration proceedings and filing trademark cancellation actions under intellectual property law.
The competence for trademark cancellation actions is vested in the Bucharest Court of First Instance, as the court of first instance, under Law No. 84/1998 on trademarks and geographical indications, and any interested person may apply for such action.
In order to obtain an annulment of a registered trademark, the plaintiff or claimant must prove the existence of a real, certain and legitimate damage caused by the trademark registration. The cancellation procedure is distinct from trademark opposition. The opposition takes place administratively prior to registration, before the State Office for Inventions and Trademarks (OSIM), whereas cancellation is a judicial procedure aimed at removing an already registered trademark.
The time limit for filing an action for cancellation of a registered trademark is usually 5 years from the date of registration, but there may be exceptions which allow the application to be filed after this time limit.
Law no. 84/1998 regulates the cancellation and revocation of registered trademarks, distinguishing between absolute and relative invalidity of trademarks. Absolute invalidity, provided for in Art. 5, includes situations such as lack of distinctiveness, generic signs, misleading marks, marks that are contrary to public order or use without authorization official symbols or images of famous persons. Relative invalidity, regulated in Article 6, covers conflicts with earlier identical or similar marks, likelihood of confusion, prior rights in signs, registrations made without the consent of the proprietor or in bad faith. These provisions ensure the protection of intellectual property rights and the correctness of registrations in the Trade Mark Register.
In addition to the grounds of absolute and relative invalidity provided for in Articles 5 and 6 of Law No 84/1998, trademark cancellation can also be requested if the trademark registration was made in bad faith, according to Article 56. The action may be brought at any time during the term of protection of the trademark, and if the invalidity affects only a part of the registered goods or services, the effects of the invalidation will be limited to that part.
In such cases, the advice provided by a trademark lawyer specialized in commercial law, business law and intellectual property becomes imperative to ensure compliance with specific legal procedures, as well as to defend the interests of the owner in the face of possible infringements and litigation. An intellectual property lawyer, copyright lawyer and patent attorneys can provide assistance in the field of intellectual property law, such as non use cancellation trademark, including in relation to copyright registration and copyright protection, thus contributing to the enforcement and defense of intellectual property rights.
In this context, the Romanian Law Firm Pavel Mărgărit and Associates recommends using the services of a civil law lawyer, commercial law lawyer and intellectual property lawyer in Bucharest for the defense of copyrights and to assist you in the process of drafting the application for trademark cancellation and filing it with the competent court, so that it complies with the legal rules in force, until its resolution.
“The new measures regarding the cancellation of registered trademarks must be approached with caution to avoid legal consequences and the loss of intellectual property rights“, stated the Coordinating Lawyer of the Romanian Law Firm Pavel, Mărgărit și Associates, Dr. Radu Pavel.
The Romanian Law Firm Pavel Mărgărit and Associates provides complete legal assistance in the field of intellectual property law, covering a wide range of services for the protection and management of trademark, patent, copyright and other intellectual property rights, including copyright enforcement. Do not hesitate to contact us by accessing the form on our website: https://avocatpavel.ro/contact/
Don’t go through these challenges alone. Contact us today for expert support tailored to your needs.
Trademark cancellation lawyer in Romania. The effects of an action to cancel a registered trademark
The rights over a trademark may be terminated before the expiry of the legal term in several ways provided for by Law 84/1998: voluntary surrender by the owner (total or partial, with notification to the licensee if there are registered contracts), abandonment of the application for registration, expiry of the protection by non-renewal within the 10-year term, cancellation of the trademark by court decision and forfeiture of the trademark in case of non-use for 5 years, transformation of the trademark into a generic designation, misleading the public or abusive registration. In order to avoid such situations, it is necessary to consult regularly with a trademark cancellation lawyer, intellectual property lawyer, or copyright lawyer.
When an action for annulment of a trademark registration is admitted by the court, it has retroactive effect, the trademark registration is considered as if it had never existed, from the day the application was filed, and the rights of the proprietor are invalidated from the date of registration of the trademark. Accordingly, the trade mark is removed from the Register of Trade Marks and the notice of removal is published in the Official Industrial Property Bulletin.
The trademark holder loses all exclusive rights, can no longer invoke the registered trademark against third parties and no longer has legal protection for the sign. It may also impose an obligation on the defendant, the former proprietor, to cease use and, where appropriate, to pay compensation for the damage caused, thus restoring the situation prior to registration.
An intellectual property lawyer, a copyright lawyer provides specialized assistance in trademark verification, help to file trademark for business name, non use cancellation trademark actions, copyright registration and copyright protection, representing clients before institutions such as the State Office for Inventions and Trademarks (OSIM), the World Intellectual Property Organization (WIPO), the European Union Intellectual Property Office (EUIPO), as well as in trademark cancellation actions, in the complex field of intellectual property law, to ensure an effective and legally compliant defense.
In order to avoid losing rights over a registered trademark, the Romanian Law Firm Pavel, Mărgărit și Asociații recommends seeking specialized advice, both before you file trademark application before OSIM and throughout the entire period of protection by a copyright lawyer, intellectual property lawyer andpatent attorneys to ensure that all legal obligations are complied with and that the necessary measures are taken in time to maintain the rights conferred by the trademark.
Protectinga registered trademark is not merely a legal formality, but a strategic business tool that gives a company identity, value and credibility. When a trademark is registered abusively or contrary to the law, an action for cancellation becomes an essential legal mechanism for restoring fairness and protecting the legitimate interests of the claimant. In such situations, the advice of a civil law and intellectual property lawyer is indispensable to ensure the legal basis of the claim and effective representation until the claim is resolved. For extended and effective protection, opting for international trademark registration via WIPO or trademark Europe registration via EUIPO grants legal recognition across multiple countries, including Romania, facilitating international brand growth and consolidation.
Pavel, Margarit and Associates Law Firm is one of the top law firms in Romania, providing high-quality legal services. The firm’s clients include multinational and domestic companies of great magnitude. In 2024, the law firm’s success stories brought it international recognition from the most prestigious international guides and publications in the field. As a result, Pavel, Margarit and Associates Law Firm ranked 3rd in Romania in the Legal 500’s ranking of business law firms with the most relevant expertise. The law firm is internationally recognized by the IFLR 1000 Financial and Corporate 2024 guide. Additionally, Pavel, Margarit and Associates Law Firm is the only law firm in Romania recommended by the international director of Global Law Experts in London in the Dispute Resolution practice area. All relevant information about Pavel, Margarit and Associates Law Firm can be found on the website www.avocatpavel.com.
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