Acting for an important fuel distributor active in the south and southeast of the country, the lawyers from STOICA & ASOCIAȚII won a complex litigation regarding the cancellation of a trademark that could have had hindered the further development of the client's commercial activity. The premise of this litigation was the conflict between a trade name used as a trademark for a long period of time and the validity of a subsequent trademark registered by a third party.

In the first procedural phase, based on the complex evidence supporting the request, the Bucharest Court admitted it, giving the client the benefit of the doubt and showed - in extensive reasoning based on the criteria developed in the jurisprudence of the Court of Justice of the European Union - the reasoning that led to the conclusion that both causes of invalidity are founded, the mark being registered both in bad faith and with the injury of a trade name protected by the 1883 Paris Convention for the Protection of Industrial Property.

In the appeal filed by the defendant, the Bucharest Court of Appeal reinforced the ruling of the first instance, showing the existence of a fraudulent consortium, involved in the registration of the trademark, and applied the legal requirements necessary for the protection of the trade name used as a trademark to the case.

The decision of the Bucharest Court of Appeal remained final through the annulment by the High Court of Cassation and Justice of the appeal.

The STOICA & ASOCIAȚII’s team was formed by Daniel Aragea (Partner) și Yolanda Beșleagă (Senior Associate).

Daniel Aragea : "The stake of this litigation was to protect the client's activity through the unrestricted activity under the name that established his commercial reputation. The economic implications would have been very high for our client if the trademark cancellation action was dismissed. From a legal point of view, in addition to a complex evidentiary process closely supported by the client, the litigation involved an application of the presumption of bad faith revocation in the case of a fraudulent consortium and a resolution of the conflict that may exist between a prior trade name and a later brand. The courts resolved the two complex legal issues in our client's favor, thereby enabling us to legally protect the trade name used with the trademark function even against a trademark that is subsequently registered.”

Founded in 1995, STOICA & ASOCIAȚII has gained national and international recognition in the world of law and the business environment, through its entire activity of legal assistance and representation of a vast portfolio of clients. Currently, the lawyers from STOICA & ASOCIAȚII have proven that they are a strong team, based on the observance of its principles: Fidelitas, Integritas, Fortitudo. STOICA & ASOCIAȚII has acquired an excellent national and international reputation. Its professional achievements are recognized in the most important international legal guides: Chambers Europe, Legal 500, WTR 1000, IAM Patent 1000.