{"id":7146,"date":"2026-07-12T09:12:04","date_gmt":"2026-07-12T09:12:04","guid":{"rendered":"https:\/\/avocatbucuresti.ro\/?p=7146"},"modified":"2026-10-31T15:01:14","modified_gmt":"2026-10-31T15:01:14","slug":"the-effective-use-of-the-evidence-in-opposition-to-the-registration","status":"publish","type":"post","link":"https:\/\/avocatbucuresti.ro\/en\/utilizarea-efectiva-a-marcii-probe-pentru-opozitia-la-inregistrare\/","title":{"rendered":"Proof of use of the trademark in opposition: what evidence counts"},"content":{"rendered":"

In opposition to the registration of a trademark, proof of use can become essential if the applicant requests it under the law. It is not sufficient to show that the trademark is registered: you must be able to document its commercial use for the relevant products or services, during the period and on the territory required by the applicable procedure.<\/p>\n

The evaluation is made based on all the entries together. Neither the invoice, the advertisement nor the product photo alone guarantee admission to the opposition.<\/p>\n

When proof of use can be requested<\/h2>\n

In Romania, Article 26(4) of Law no. 84\/1998 allows the applicant to require the holder of the earlier trademark that filed the opposition to prove actual use or to invoke justified reasons for non-use. The reference period is five years before the date of filing or priority of the contested application, and the trademark must have been registered for at least five years at the relevant date. For national and international trademarks valid in Romania, use refers to Romania; for the European Union trademark, to the territory of the Union, in accordance with the applicable rules.<\/p>\n

In opposition to EUIPO, the request for proof must be made procedurally and unequivocally. If the applicant does not request proof, the office does not verify on its own initiative the use of the earlier trademark. It verifies the term and the concrete conditions in the file.<\/p>\n

What should result from the evidence file<\/h2>\n

The evidence must allow the assessment of the place, period, extent and nature of the use, in relation to the products or services invoked. It matters, for example, whether the documents show:<\/p>\n