LOSS OF TRADEMARK RIGHTS IN ROMANIA

I. Surrender

The owner may surrender his mark in respect of some or all of the goods or services for which it is registered.

The surrender of a mark shall be declared to the State Office for Inventions and Trademarks in writing and shall be signed by the owner of the mark or by a person authorized by him and the rights in the mark shall lapse, with respect to the goods and services to which the mark applies, as from the date on which the surrender is entered the National Trademark Register.

If a license has been registered, the surrender of a mark shall be entered only if the owner of the mark proves that he has advised the licensee of his intention to surrender the mark.

II. Revocation

Any concerned person may apply to the Bucharest City Court, at any time during the term of protection of the mark, for revocation of the owner of the rights conferred by the mark:

a) if, within a continuous period of five years, the mark has not been put to genuine use on the territory of Romania in connection with the goods or services in respect of which it is registered, and there are no proper reasons for non-use;
(b) if, after the date of registration, the mark has become, in consequence of acts or inactivity of the owner, the common name in the trade for a product or service in respect of which it is registered;
(c) if, after the date of registration and in consequence of the use made of it by the owner or with his consent, the mark is liable to mislead the public, particularly as to the nature, quality or geographical origin of the goods or services in respect of which is registered;
(d) if the mark has been registered by a person not having the capacity required by item (g) of Article 3.

Revocation of the rights conferred by a mark shall take effect as from the date of the final court decision.

III. Invalidation

Any concerned person may apply to the Bucharest City Court for cancellation of the registration of a mark on any of the following grounds:

(a) the mark was registered contrary to the provisions of the first paragraph of Article 5;
(b) the mark was registered contrary to the provisions of Article 6;
(c) the registration was applied for in bad faith;
(d) the registration infringes a right of personal portrayal or a right to a name;
(e) the registration infringes earlier rights acquired in a protected geographical indication or a protected industrial design, other industrial property rights or copyright.

Cancellation proceedings on the grounds referred to in item (c) may be instituted at any time during the term of protection of the mark.

The time limit for requesting the cancellation of a registration on one of the grounds under items (a), (b), (d) and (e) shall be of five years as from the registration date of the mark.

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