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Intellectual Property Insights: Power of res judicata before EUIPO: national court decisions rendered in trademark conflicts

June 2023

The judicial practice established over time in the field of Intellectual Property law determines that national court rulings on cases addressing trademark conflicts have a significant impact in cases heard before the European Union Intellectual Property Office (EUIPO). This is mainly because the architecture of EU trademark law allows for the coexistence of identical or similar trademarks that:

  • are owned by the same party; and
  • can enjoy distinct legal protection at both EU and national level.

Ileana Nicolescu and Oana Ionescu Matei, Senior Associates, have written an insightful article that delves into a common scenario faced by companies that own a portfolio of identical or near identical EU and national trademarks. In particular, the piece explores:

  • what happens when a court decision on the cancellation of a national trademark that was also protected as an EU trademark becomes final; and
  • to what extent the considerations taken by the national court have res judicata authority or res judicata power over a subsequent procedure seeking the cancellation of the identical or similar EU trademark brought for resolution before the EUIPO by the same plaintiff and on the same grounds.

The article is structured into the following sections, providing a comprehensive review:

  • Authority of res judicata versus power of res judicata
  • CJEU case law
  • Comments

First prepared for and published by ILO/Lexology, the piece is available in full HERE.


To raise awareness on intellectual property aspects and to help companies understand the relevant concepts, risks and benefit connected to such, SIMION & BACIU constantly contributes expert views to reputable publications, such as International Law Office (ILO)/Lexology.

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