TRADEMARK LITIGATION – COUNTERFEIT  AND UNFAIR COMPETITION

I. Lodging an appeal against a final decision issued by RO PTO

The decision of the Bucharest City Court may be appealed from to the Bucharest Court of Appeal within 15 days of its notification.

Decisions of the Bucharest City Court given in the cases referred to in Articles 45, 48, 54, 55, 61 and 79 may be appealed from to the Bucharest Appeals Court within 30 days as from their notification.

II. Counterfeit

The owner of the mark may request the competent judicial body to prohibit any person not having his consent from using, in the course of trade, the following:

(a) any sign which is identical with the mark in relation to goods or services which are identical with those for which the mark is registered;

(b) any sign where, because of its identity with or similarity to the mark or the identity or similarity of the goods or services on which the sign is affixed with the goods or services for which the mark is registered, there exists a likelihood of confusion on the part of the public, including the likelihood of association between the sign and the mark;

(c) any sign which is identical with or similar to the mark in relation to goods or services which are not similar to those for which the mark is registered, where the latter has a reputation in Romania and where use of that sign without due cause could take unfair advantage of the distinctive character or the repute of the mark, or where such use would cause prejudice to the owner of the mark.

The performance of any above act by a person not having the consent of the owner of the registered mark shall constitute an infringement.

None of the acts referred to shall constitute an infringement if carried out prior to the date of publication of the mark.

The owner of a mark may institute infringement proceedings only after the date on which the mark was entered in the National Trademark Register.

Proceedings shall be instituted on a prior complaint by the injured party.

III. Unfair competition

Any use of marks or geographical indications contrary to honest practice in industrial or commercial activities, with an attempt to mislead consumers, shall constitute an act of unfair competition.

Criminal proceedings shall be instituted on a prior complaint by the injured party.

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