English
The average time frame for the registration approval is 8 months, if no objections or oppositions arise.
No. Romania is the territorial limit of protection.
Yes. You have to sign a power of attorney for application purposes.
Yes. Applicants may benefit from pre-filing use:
- Avoid being refused by OSIM (State Office for Inventions and Trademarks)
- Demonstrate the mark’s acquired distinctiveness
- Defeat oppositions on the basis of non-distinctiveness
Yes. Any interested party may file a petition to the Bucharest City Court to revoke the owner’s rights.
Marks that can be replicated graphically and can add distinguishing qualities to a good or service can be applied for registration.
- Names
- Sounds
- Words
- Holograms
- Slogans
- Devices
- Shapes with 3 dimensions
The sequence of trademark application in Romania is as follows:
-
Publication – Details of the application will be made available to the public. The following information is published online:
- Mark
- Goods/services
- Applicant’s country/state of incorporation
- Applicant’s name and address
- Application’s date and number
- Representation
- Priority claim
-
Examination – The examiners will have to make sure the application is compliant to requirements with regards to:
- Classification
- Formalities
- Deceptiveness
- Descriptiveness
- Distinctiveness
- Note: Relative grounds for refusal are no longer checked since 2010
- Registration – Once all challenges are overcome, registration will be issued by the trademark office.
These marks are not allowed for registration:
- Marks that are in conflict with moral standards and public policy
- Marks that have a broad or common meaning (generic)
- Marks that include symbols, flags or names of regions, states, nations or international organizations
- Marks that do not show acquired distinctiveness
- Marks that describe the characteristics of a good/service
- Marks that illustrate the shape of the product
- Marks that deceive the consumers as to the product’s origin of place
- Marks that are used as a geographical indication
- Marks that mislead the consumers as to the origin of place of wines and spirits
- Marks that use a person’s surname without consent
- Marks that use high value religious symbols
- Marks that use protected state emblems, armorial bearings and flags without permit from authorities
Yes. Nice Classification system is effective in Romania. It is not necessary to file multiple applications for the trademark to cover several classes of goods/services; one application suffices.
Yes, Community Trademark (currently known as European Union Trade Mark) registration applies for Romania.
Yes. It is possible to claim the home filing date as the filing date in Romania if:
- The home country is Paris Convention signatory
- The home filing date occurred within 6 months prior to the date of filing in Romania
- The home country is a WTO (World Trade Organization) member
- The international registration can be based in Romania
You must genuinely use the mark within 5 years from the date of registration. Minimal amount is needed but it must occur within the territory of Romania.
A registered mark in Romania is valid for 10 years counting from the application date.
The first renewal will take place on the 10th year from the date when the application was filed.
Yes. Unregistered marks can be used legally for goods and services.
It is a requirement by law to register a mark before the owner can secure any right.
The web address of Romania’s trademark office is: http://www.osim.ro/
No. There’s no need to use the mark before applying for registration.
Trademark application can be challenged on the following bases:
- Conflicts with a company name
- Conflicts with a personal name
- Conflicts with a registered design
- Conflicts with trade names
- Registration under agent or representative’s name
- Conflicts with a notorious or famous mark
- Breach of copyright
- Proprietary rights
Applications may be challenged by the following:
- Interested/aggrieved parties
- Owner of a similar mark that was registered earlier
- Licensees
Yes. Third parties may file a request from the trademark office to cancel a registration on the basis of:
- Use requirements are not satisfied according to Section VIII.A
- Bad faith
- Issues against morality or conflicts with public order
- Use of geographical indication
- Generic marks
- Conflict with rights in a personal name
- Conflicts with a registered design
- Conflicts with trade names
- Registration under the name of agent or representative
- Use of protected state emblems, armorial bearings and flags without consent from proper authorities
- Conflicts with a notorious or famous mark
- Breach of copyright
- Proprietary rights
- Mark is functional, misleading, deceptive, disparaging, descriptive or not distinctive
Yes. When a trademark is officially registered, the following rights are secured by the owner:
- Exclusive rights to use/benefit from the mark
- Rights to object to later conflicting applications
- Rights to appeal from the trademark office to cancel later conflicting registrations
- Rights to file an infringement case against third parties for using a confusingly similar mark
- Rights to obtain payment for damages caused by the infringing parties
- Rights to authorize and give license to third parties to use the mark
- Rights to appeal from the customs authorities to seize counterfeit imported goods
Third parties may express their opposition right after the application particulars are published online. The opposition period will end two months after the publication date.
Yes, Romania is a member of international treaties Madrid Protocol and Madrid Agreement.
Filings that would set forth the owner’s use of the mark such as periodic statements of use are not necessary.
Renewals are made every 10 years from the date of last renewal.
The first renewal will take place on the 10th year from the date when the application was filed.
A power of attorney is needed for trademark renewals.
Once the trademark has expired, the owner has 6 months to file for a renewal.