The rights of a trademark owner and their protection

Rights to trademarks provide legal protection at the national, European, and international levels. This protection is regulated by various legislative acts, including:

  • Law No. 84/1998 on Trademarks and Geographical Indications (Romania).
  • Regulation 1001/2017 on the European Union Trademark.
  • The Paris Convention of 1883 for the Protection of Industrial Property, revised in Stockholm in 1967.

Rights to Trademarks under Law No. 84/1998

According to Article 4 of Law No. 84/1998, the right to a trademark is acquired and protected through its registration with OSIM (State Office for Inventions and Trademarks). The holder of the trademark right can be any natural or legal person, public or private, who has registered the trademark in the Trademark Register.

Priority of Registration: In the case of a conflict regarding a trademark, priority is given to the applicant who filed the registration request first, in accordance with the law.

Exclusive Rights of the Trademark Holder

After the trademark is registered, the holder acquires exclusive rights to it and has the ability to seek legal measures to protect these rights. These measures include:

  1. Written Observations: Any natural or legal person can submit written observations within two months of the publication of the trademark registration application, according to Article 20 of Law No. 84/1998. These observati

  2. Opposition to Registration: According to Article 26 of the Law on Trademarks and Geographical Indications, any interested person can file an opposition within two months of the publication of the acceptance of the registration application, based on relative grounds for refusal. The opposition must be submitted in writing and must include legal grounds, a clear motivation, and the payment of the legal fee.

  3. Action for Trademark Infringement: The holder of a trademark can request the court to prohibit the use of an identical or similar trademark by third parties if there is a risk of confusion in the public's perception or if the subsequent use harms the distinctive character or reputation of the trademark. The right to request these

Sanctions for Infringement and Damage Compensation

According to Article 102 of Law No. 84/1998, trademark infringement is a criminal offense and is punishable by imprisonment from 3 months to 2 years or by a fine. This includes any unauthorized use of a sign identical or similar to a registered trademark. Additionally, individuals guilty of infringement may be required to pay damages in accordance with the legislation on civil liability.

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