Razvan Dinca & Asociatii wins in EUTM beer conflict. EUIPO’s OD finds that using a trademark in a small town does not amount to genuine use
Răzvan Dincă & Asociații achieved a favorable outcome before EUIPO’s Opposition Division for one of the biggest Romanian beer brands.
The EUTM applicant faced opposition from a small brewery in Germany, which also operated a restaurant in the same town. The opposition was rejected because the opponent failed to demonstrate genuine use of the opposed trademarks.
Specifically, the Opposition Division scrutinized the use of the trade marks in a single town with approximately 17,000 residents, determining that such localized use does not amount to genuine use.
The case was handled by Vlad Stănese (Head of IP Prosecution) and Cristian Cealera (Senior Associate).
#trademarklaw #euipo #opposition
