Trademarks

National registration of trademarks

The registration proceeding was simplified and accelerated through the new amendments to the Law 84/1998, starting with 10.05.2010.

Therefore, the new proceeding is as follows:

  • Filing of the mark and payment for minimum taxes required by the law;
  • Within 7 days from the filing date, the trademark is published online in the Official Bulletin edited by O.S.I.M.;
  • After publishing, there are 2 months in which a third party can file an opposition/observation against the registration of a trademark. In these 2 months the examiners shall conduct also, a formal examination based on absolute motives from the law 84/1998;
  • Payment of the examination taxes, if have not been paid at the time of filing;
  • If there are no oppositions filed and the Office has no objections, then the trademark is registered and is published for the second time in the Official Bulletin (this time with a mark number);
  • O.S.I.M issued the publication decision and the mark is inscribed in the National Registry of Trademarks, provided that the certificate tax is paid.

As you can see, in theory, is possible to have a trademark registered within 6 month from the date of filing. And, for an emergency tax, even within 3 months from the date of filing.

The absolute novelty from the trademark law 84/1998 (republished) is that O.S.I.M. will no longer conduct a substantive examination based on relative motives of refusal. Therefore, the burden of protecting the rights is on the owner’s shoulders.

Because of that change in the law it is of the most importance for the trademark owners to watch over the trademarks data bases, in order to avoid the intentions of third parties to file similar/identical trademarks with those already registered.

We put this watching service at your disposal in a professional way, with a monthly report, as follows:

  • Watching the official bulletins issued by the 3 institutions who can give trademarks with protections in Romania, namely: O.S.I.M., O.H.I.M. and W.I.P.O;
  • Assessment of the chances in filing of the opposition against an identified trademark;
  • Establishing of a strategy either to realise an amicable agreement with the applicant of the younger mark or to act accordingly to the rights offered by the law 84/1998 (republished).

International registration of trademarks

There are two ways in which you can register a mark abroad:

  • Through a subsequent designation made by filing a form to the International Bureau (W.I.P.O) in which are designated the desired countries;
  • Through filing a form for a community trademark to O.H.I.M., in order to obtain protection in all the countries within European Union.

We can offer you assistance and representation for any of the action mentioned above.

The advantages regarding the registration of a community mark/design vs. a national registration

  • One legal system for community marks/designs which offers a uniform and powerful protection throughout all European Union.
  • Simplified formalities:
    • one application form;
    • one filing language;
    • one administrative centre;
    • one file to manage;
    • the possibility of electronic filing.
  • Simplified proceedings: the application forms can be file both to the national offices as directly to OHIM;
  • Any community trademark or design can be transferred to another person or licensed to a third party.
  • The legal protection is extended and accessible to everyone. The actions regarding any community mark or design can be brought up to the Community Courts, which in fact are national courts designated by the member states of the European Union with jurisdiction concerning trademarks or designs. The decisions made by those Courts are applicable in whole European Union.

Current legislation

  • Law no. 84/1998 regarding trademarks and geographical indications (republished in Official Gazette no. 350/27.05.2010);
  • Government Decree 41/1998 (republished) regarding the taxes within the field of the industrial property;
  • Government Decision 833/1998 – Regulation for Implementing the Law no. 84/1998 concerning the Marks and Geographical Indications.

Some of the most important Agreements and Treaties on which Romania is part:

  • Madrid Agreement regarding the international registration of trademarks
  • The Protocol regarding the Madrid Agreement
  • Nisa Agreement regarding the international classification of the products and services of trademarks
  • Vienna Agreement regarding the international classification of figurative elements of trademarks
  • Paris Conventions regarding the protection of industrial property
  • Geneva Treaty regarding the rights of trademarks
  • Singapore Treaty regarding the rights of trademarks.

back


english romana