ROMANIA

COUNTRY : ROMANIA

CAPITAL : BUCHAREST

LANGUAGE : ROMANIAN

 

MEMBER : PARIS CONVENTION, WTO-TRIPS, EUROPEAN UNION COMMUNITY TRADEMARKS, MADRID AGREEMENT AND MADRID PROTOCOL, TRADEMARK LAW TREATIES, BERNE CONVENTION, WIPO, PCT

The IP office of Romania is known as OSIM (State Office for Inventions and Trademarks).

The IP affairs in Romania are looked after by the Romanian Intellectual Property Office (OSIM).

The Geographical Indications affairs in Romania are looked after by:

  1. State Office for Inventions & Trademarks – OSIM.
  2. The Ministry of Agriculture & Rural Development.

  • ROLE PLAYED BY GEOGRAPHICAL INDICATION ROMANIA:
      • GI is a source indicator informing consumers about a product’s origin from a certain place.
      • GI confirms certain special characteristics inherent to the product.

      GIs may be protected as:

      • Community Marks
      • Guarantee Marks
      • Certification Marks
  • PROTECTION ACCORDED TO GEOGRAPHICAL INDICATION IN ROMANIA

    • GIs in Romania are protected by way of the following:

      1. Geographical Indications Act
      2. Trademarks Law
      3. EC regulations

      Categories of GI Protected:

      1. Designations of Origin
      2. Appellations of Origin
      3. Geographical Indications
  • KIND OF GEOGRAPHICAL INDICATION NOT PROTECTABLE ROMANIA

    • Geographical Indications are not protectable if and when:

      • They are immoral or against public order;
      • GIs likely to mislead the public with respect to the place of origin of the goods;
      • Trademarks containing or consisting  GIs likely to cause confusion as to the quality of the goods not originating from the territory indicated;
      • They are confusingly similar to a trade mark for which rights had been acquired before the GI is protected in its country of origin;
      • GIs that indicate the place of origin of use of the wines & spirits originating in a region other than the place of origin;
      • GIs lack the requisite qualities and characteristics;
      • Not falling under the definition of appellations of origin and GI;
      • Conflicts with prior GI;
      • Imitates prior GI;
      • Encourages Unfair Competition;
      • Generic name of goods;
      • Do not comply with the legal provisions.
  • REQUISITES TO BE GEOGRAPHICAL INDICATION ROMANIA

    • Applications are filed and received by the ministry. Applications to have supporting documents evidencing the following:

      • Traditional or regulated conditions
      • The GI for which registration is sought
      • Products intended to be marketed under the said indication
      • The geographical area of production
      • Characteristics of the products intended to be marketed under the mark
      • Conditions that will be complied with in order to market the intended products
      • Limits of the respective locality, region, territory
  • WHO CAN FILE GEOGRAPHICAL INDICATION ROMANIA
  • EXAMINATION OF GEOGRAPHICAL INDICATION ROMANIA

    • Applications so received are then subjected to Formality & Substantial Examinations within 3 months of receipt, after which they are published in the Industrial Property Bulletin for opposition if any.

  • PUBLICATION & REGISTRATION OF GEOGRAPHICAL INDICATION ROMANIA

    • Interested parties can, post examination of the application, object, oppose or ask for cancellation of the GI within 2 months of publication.

      Applications complying with all formal requirements are approved by the Authorities. If there is no opposition post registration of the application, or the opposition is unsuccessful, the applicant’s GI is registered.

  • USAGE OF GEOGRAPHICAL INDICATION ROMANIA
  • Cost of Registration of Trademarks
Geographical News