March 2026

by Ana-Maria Baciu & Ileana Nicolescu-Decsei

Before deciding to initiate trademark litigation, brands should consider more than just the potential for winning a case: they should evaluate whether litigation truly serves their business objectives and understand the strategic implications of that choice.

In their specialist chapter for The Trademark Litigation Review 2026 published by World Trademark Review, Ana-Maria Baciu and Ileana Nicolescu-Decsei outline the key questions that brand owners must ask their counsel to manage risk and align legal action with commercial goals.

Key insights:

• Commercial alignment: A legal win must create real business value; brands need clarity on how litigation advances their commercial strategy.
• Information exposure: Litigation often triggers discovery obligations that can expose sensitive commercial or technical data — parties should understand what must be disclosed and whether protective mechanisms are adequate.
• Portfolio risk: In some jurisdictions where non-use can lead to cancellation, initiating litigation might inadvertently expose trademarks to vulnerability, including counterclaims.
• Alternatives to litigation: Before filing a complaint, exploring enforcement options such as customs measures, administrative proceedings or platform-specific remedies may yield faster or less risky outcomes.
• Risk assessment: Financial, reputational and operational risks must be weighed holistically with counsel.

In a nutshell, it is our view that thoughtful preparation — including asking the right strategic questions — helps brand owners ensure that litigation is not just possible, but purposeful.

This article was first published on World Trademark Review in January 2026; for further in-depth analysis, please visit the WTR Trademark Litigation Review 2026.

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