Trademark owners need to ensure that their trademarks do not become a generic word for their products or services in the marketplace, as Nicoleta Tarchila of Cabinet Enpora reports.
The registration of a trademark shall confer on its owner an exclusive right in that trademark, according to Romanian trademark legislation. However, trademark owners are frequently challenged while trying to enforce their trademark rights.
Our recent practice has revealed two particular cases which were brought before the Bucharest Court of Law under claims of trademark infringement. What is specific for these cases is that in both situations the infringers claimed they were entitled to use the marks and that their use was fair as long as the expressions were not used as marks but as common words to describe the goods/services.