TRADEMARK LITIGATION

RO PTO DECISION APPEAL
The decision of the Appeal Board from RO PTO may be appealed to the Bucharest City Court within 15 days of its notification.
Decisions of the Bucharest City Court may be appealed to the Bucharest Appeals Court within 15 days as from their notification.

COUNTERFEIT
The trademarks owner is entitled to request to the competent court to prohibit any person to use the trademark in force without the owner consent the following:
(a) any sign which is identical with the trademark, in respect of goods or services which are identical with those for which the trademark is registered;

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

(c) any sign which is identical with or similar to the trademark, in respect of goods or services which are not similar to those for which the trademark 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 reputation of the trademark.

(3) In application of paragraph (2), the owner of the trademark may request that third parties should be prohibited from performing, in particular, the following acts:

(a) affixing the sign to the goods or to the packaging thereof;

(b) offering the goods, putting them on the market or stocking them for such purposes under that sign, or offering or supplying services there under;

(c) putting the goods under that sign into free circulation, exporting, importing or placing them under suspensive or economic customs procedure or under another customs procedure, as defined in customs regulations;

(d) using the sign on business papers and in advertising.

The applicant for trademark registration may only request the prohibition referred above after publication of the trademark.
The applicant may claim damages for the acts referred above subsequently to trademark publication, under the civil law.
A decision ordering payment of damages shall be enforceable only as from the date of trademark registration.
If the application for registration is refused, the applicant shall not be entitled to damages.
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.

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.