CYBERPOL CONSUMER ALERT

Know which brands are used by imposters in the Balkan and Danube regions. Please verify with the official European supplier or brand representative before buying air conditioners and metal constructions such as container houses. This is especially important for names like Metalux and MasterKlima, and for similar-looking official registered brands appearing in the Balkan region.

For the three brands consumers have been checking: the official contact points are:

Metallux AG: https://www.metallux.ag/contactmetallux

Metalux Metallveredelung GmbH: https://www.metalux.de/en/company/metalux

For MasterKlima, the company lists direct contacts and service areas on its official office page at Etex Building Performance GmbH in Germany and Austria. The official Etex pages confirm the company identity and contact details for the Promat business unit.promat+1

These Balkan imposter companies are not officially represented in several regions and do not provide the same products, services, technical support, or warranties. They are often registered under similar names to confuse consumers into making bank transfers. Don’t be scammed!

Report any such registered trademark brand violations to CYBERPOL or the European Trademarks Office.

Search EU brand trademark registers here: https://euipo.europa.eu/eSearch

LEGAL NOTICE

Applicable European Union Law on Trademark Counterfeiting and Infringement

Applicable Law: Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union Trade Mark.

Relevant Provisions

Article 9 – Rights Conferred by an EU Trade Mark

The proprietor has the exclusive right to prevent third parties, without consent, from using in the course of trade:

a sign identical to the registered trademark for identical goods or services;

a sign that is identical or similar where there is a likelihood of confusion;

a sign that takes unfair advantage of, or is detrimental to, the reputation of a well-known trademark.

Articles 130–139

Provide for enforcement of EU trademark rights before designated national courts.

This Directive requires EU Member States to provide effective civil enforcement measures for intellectual property rights, including:

injunctions;

seizure of infringing goods;

destruction of counterfeit goods;

damages;

recovery of legal costs;

preservation of evidence.

Provides customs authorities with powers to detain, seize, and destroy goods suspected of infringing intellectual property rights when entering or leaving the European Union.

Criminal Liability

Although EU trademark legislation primarily governs civil enforcement, many EU Member States make intentional commercial trademark counterfeiting a criminal offence under their national criminal laws. Criminal penalties may include:

substantial fines;

confiscation of counterfeit goods;

confiscation of equipment used to produce counterfeit goods;

imprisonment, depending on the seriousness of the offence and the applicable national law.

Applicability in the Balkans

The following countries apply trademark legislation consistent with European standards through EU membership or legal harmonization:

EU Member States

Croatia

Slovenia

Bulgaria

Romania

Greece

These countries apply:

Regulation (EU) 2017/1001 (where applicable to EU trade marks);

Directive 2004/48/EC;

Regulation (EU) No 608/2013;

their respective national trademark and criminal laws.

EU Candidate or Potential Candidate Countries

The following countries have harmonized or are harmonizing their trademark legislation with the EU acquis:

Albania

Bosnia and Herzegovina

Montenegro

North Macedonia

Serbia

Kosovo (subject to its own legal framework)

These jurisdictions generally prohibit trademark infringement and commercial counterfeiting under their national trademark laws and criminal legislation.

Any unauthorized reproduction, imitation, counterfeit use, or commercial use of a registered trademark, or of a sign that is identical or confusingly similar to a registered trademark, without the authorization of the trademark proprietor, may constitute trademark infringement and may expose the infringer to civil remedies and, in many jurisdictions, criminal liability under the applicable national laws implementing or complementing European intellectual property standards.

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