The Bucharest Court recently ruled in a case in which a Romanian company, M Car Trading SRL, contested a State Office for Inventions and Trademarks decision that favoured BMW. The decision provides insight into the court's practice in assessing the reputation of earlier trademarks when invoked as relative grounds against subsequent trademark applications and underlines the importance of documenting and providing sufficient evidence to support a claim of reputation.
Various amendments to the Trademarks Law recently took effect, transposing the provisions of the EU Trademarks Directive. It is hoped that such changes will facilitate a better harmonisation of Romania's legal provisions and the procedures applied by the IP office in connection with the registration and protection of trademarks. This article provides an overview of the regulation and enforcement of trademarks in Romania.