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Trademarks real life: Reputation claims in trademark conflicts

August 2023

Andreea Bende, Partner at SIMION & BACIU was one of the speakers during the debate on the topic “Trademarks real life – 2-nd edition“, recently organized by JURIDICE.ro platform.

Andreea’s intervention focused on the generous theme concerning ”Reputation related claims in trademark conflicts. Practical examples.” The presentation highlighted the importance of proving, through sufficient evidence, arguments in support of the reputation / notoriety of a trademark, when it is invoked administratively or judicially in conflicts aimed at registering / cancelling the registration of a subsequent trademark. 

“In the real life of brands, the conflict in which the reputation of an earlier brand is invoked is the one that most practitioners in this field have encountered. Thus, practical examples are significant and relevant in terms of volume and content”, Andreea Bende pointed out in the beginning of her presentation.

Moreover, even for those already established brands, with history and reputation, the arguments formulated in support of their reputation / reputation cannot remain purely hypothetical to attract the success of the action initiated in court / before OSIM.

Andreea’s presentation also highlighted the importance of criteria for analyzing conflicts between trademarks, when earlier rights are claimed as reputable / as benefiting from reputation in relation to conflicting goods / services and common elements between the compared trademarks, but also the degree of recognition enjoyed by earlier trademarks. Among them, the relevant audience and its perception stand out.

Details about the panel of speakers and the event’s context are available (in Romanian) HERE.

For more details on our award-winning Intellectual Property practice, please visit the dedicated page HERE.

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