Romania risks paying fines for not having transposed Trademark Directive

The European Commission (EC) decided on Thursday, July 2, to ask the Court of Justice of the European Union (CJEU) to rule financial sanctions against Romania because it failed to communicate measures to transpose the 2015 Trademarks Directive (Directive 2015/2436 ) into the national legislation, according to a statement from the EC.

Romania is the only EU member state that has not yet communicated the measures taken for transposing the Directive.

The Trademarks Directive brings several significant changes, including a revised definition of the brand, adapted to the digital sector, new reasons preventing the registration of trademarks, new rules on counterfeit goods in transit, as well as new provisions for the harmonization of trademark procedures in all EU countries. Member states were required to transpose the Directive into national law by January 14, 2019.

The EC has already sent a reasoned opinion to Romania, which had a period within which to respond. However, although it was granted an extension of the deadline for responding to the reasoned opinion, Romania did not communicate the transposition measures. The Commission has therefore decided to refer this case to the Court of Justice of the EU.

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