Cancellation and revocation of trademarks

Cases of cancellation and revocation of trademarks registered in the Trademark Register are regulated by Articles 5, 6, and 98 of Law No. 84/1998 on Trademarks and Geographical Indications.

Cancellation of Registered Trademarks

Cancellation of a trademark can be requested on the basis of absolute nullity or relative nullity, which are also grounds for refusal of registration.

Grounds for Absolute Nullity (Art. 5):

• Inappropriate Signs: Trademarks lacking distinctive character or consisting solely of common or descriptive indications.
• Deceptive Trademarks: Those that can mislead the public regarding the origin, quality, or nature of the product/service.
• Conflicts with National or International Provisions: Trademarks that infringe rights related to appellations of origin, geographical indications, or wine traditions.
• Contrary to Public Order: Trademarks that are contrary to public order or morals, or those that include symbols without consent.

Grounds for Relative Nullity (Art. 6):

• Similarity with Earlier Trademarks: Trademarks that are identical or similar to already registered trademarks, which may cause confusion among the public.
• Bad Faith Use: Trademarks registered without the consent of the prior owner or with the intention of unfairly benefiting from the reputation of an earlier trademark.

Cancellation of a trademark can be requested at any time during its protection period, at the Bucharest Court, by any interested party.

Revocation of Registered Trademarks

The revocation of trademarks is regulated by Art. 98 of Law No. 84/1998. This can occur when the registration, renewal, or modification of a trademark was done due to an obvious material error. Revocation can be ordered by OSIM within two months from the date of registration and will be published in the Official Bulletin of Industrial Property.