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Articles contributed by Andra Musatescu Law & Industrial Property Offi
Nutricia International B.V. (‘Nutricia’), part of the Danone Group, represented by Andra Musatescu Law & Industrial Property Offices, has just obtained a positive decision in an annulment action brought against a local producer of milk and milk products, S.C. Avi Seb Impex SRL (‘Avi’).
For over 2 years now, the Romanian State Office for Inventions and Trademarks has been supporting the amendment of Law 84/1998 in relation to trademarks and geographical indications.
I Legal provisions and dilution concept
The Romanian legislation provides for protection against dilution with respect to:
(1) the registration of a later trademark;
(2) the actual use of a later trademark,
although, neither the legislation, nor the case law, contain the definition of “dilution”.
We are currently facing curious times, as Romania does not yet have a new trademark law dealing with problems brought by community trademarks further to Romania becoming part of the European Union. Instead, we are in the difficult position to use the old law, still in force at the moment, by interpreting its provisions corroborated with the European Community law.