In today’s competitive market, a trademark is more than just a symbol—it’s the identity of your business. Protecting your brand is essential to maintaining credibility, customer trust, and market position. However, trademark infringement is a growing issue in Romania, with businesses frequently facing challenges from counterfeiters, unauthorised use, and brand imitation.
If your trademark rights are violated, knowing how to take swift and strategic action can prevent financial losses and reputational damage. In this guide, we will outline the legal strategies to defend your brand, from detecting infringement to enforcing your rights through litigation.
Understanding trademark infringement in Romania
Trademark infringement occurs when a third party uses a similar or identical sign without authorisation, leading to consumer confusion or unfair competition. Common examples include:
- Counterfeit products – Fake goods using your brand’s name or logo.
- Domain squatting – Unauthorised use of your trademark in domain names.
- Unlawful brand imitation – Competitors using a visually or phonetically similar name to mislead consumers.
- Parallel imports – Distribution of trademarked goods in Romania without authorisation.
Trademark protection in Romania is governed by:
- Law No. 84/1998 on Trademarks and Geographical Indications – Aligns with EU trademark regulations.
- EU Trademark Regulation (EUTMR) No. 2017/1001 – Ensures protection across all EU member states, including Romania.
- The Romanian State Office for Inventions and Trademarks (OSIM) – The national authority responsible for trademark registration and enforcement.
How to detect and prevent trademark infringement
Early detection is key to preventing infringement from harming your business. Here’s how to monitor and safeguard your brand:
- Conduct regular trademark monitoring – Use online tools to track brand mentions, domain registrations, and similar trademark filings.
- Register trademarks with OSIM and EUIPO – Secure exclusive rights in Romania and across the EU.
- Implement brand protection measures – Use distinct and strong trademarks that are difficult to imitate.
- Educate employees and partners – Ensure your distributors and resellers comply with your brand protection policies.
Engaging an intellectual property (IP) lawyer can help proactively monitor and enforce your rights.
Steps to defend your brand against trademark infringement
If you detect unauthorised use of your trademark, take these legal actions:
A. Send a cease-and-desist letter
A formal warning notifying the infringer to stop unauthorised use of your trademark. It should include:
- Proof of trademark ownership
- Details of the infringement
- A demand to cease the unauthorised activity within a set timeframe.
B. File an opposition with OSIM
If a competitor tries to register a confusingly similar trademark, you can file an opposition within two months of the application’s publication.
C. Initiate legal proceedings in court
If the infringer does not comply, you may take the case to court. Possible legal remedies include:
- Injunction orders – Prevent the infringer from continuing the violation.
- Monetary damages – Compensation for financial losses caused by the infringement.
- Seizure of counterfeit goods – Removal of infringing products from the market.
D. Request customs enforcement
Under EU Regulation 608/2013, you can request Romanian Customs authorities to detain counterfeit goods entering the country.
Trademark litigation Romania: What to expect
If an amicable resolution is not possible, litigation may be necessary. The legal process includes:
- Filing a claim in court – Trademark disputes are handled by Romanian civil courts, which evaluate the case based on trademark ownership, similarity, and market impact.
- Court ruling & enforcement – If the court finds infringement, penalties may include fines, damages, and destruction of infringing products.
- Appeals & additional legal actions – The losing party may appeal the decision, but further legal actions can reinforce your position.
A well-documented case, including trademark registrations, sales records, and customer complaints, strengthens your claim.
Defending your trademark internationally
If your brand operates beyond Romania, consider:
- EU trademark registration – Protects your brand across all 27 EU countries via EUIPO.
- Madrid protocol registration – Ensures global protection for businesses expanding internationally.
- Cross-border enforcement – Work with legal experts in multiple jurisdictions to combat infringement effectively.
Conclusion: Protect your trademark, protect your business
Infringement can damage your brand, weaken consumer trust, and lead to financial losses. By registering your trademark, monitoring potential violations, and taking immediate legal action, businesses can successfully defend their intellectual property.
Need legal assistance with a trademark dispute in Romania? Our team of IP law specialists is here to help you enforce and protect your brand rights.