ROMANIA

• Kinds of Trademarks registrable in ROMANIA

  • Following indications may be used as Trademarks in Romania:

    1. Words
    2. Drawings
    3. Letters
    4. Numbers
    5. Personal Names
    6. 3D Shapes of goods or of their packaging
    7. Figurative elements
    8. Combination of colours
    9. Holograms
    10. Acoustic / Sound marksCombination of all of the above.

    Types of Marks registrable:

    • Collective marks
    • Certification marks
    • Marks for non-commercial purposes
    •  Service marks
    •  Well Known marks
• Requisites for a Trademark to be registrable in ROMANIA

  • Trademarks must contain the following essential requirements to be registrable in Romania:

    1. Distinctiveness
    2. Non-descriptiveness of the goods and / or services
    3. Not be a well known term in the line of business, trade channels of the applicant
    4.  Not be same / similar / identical either visually and/or phonetically  to prior registered marks pending registration.
• Kinds of Trademarks not registrable in ROMANIA

  • Applicants should bear in mind that the following will not be registrable as Trademarks in Romania:

    1. Trademarks deprived of distinctive character;
    2. Trademarks comprising exclusively of signs or indications currently used in common language or in fair and constant commercial practice;
    3. Trademarks comprising exclusively of signs or indications that may be used in trade in order to designate the species, quality, quantity, destination, value, geographical origin or the time of manufacturing the good or of rendering the service or other characteristics;
    4. Trademarks consisting exclusively of the shape of the goods, which is determined by the nature of the goods or which is necessary in order to obtain a certain technical result or which gives a substantial value to the goods; • Trademarks capable of misleading the public with respect to the geographical origin, quality or nature of the goods or services;
    5. Trademarks comprising geographical indications or consisting of such indications of goods, which do not originate in the territory indicated, if the use of the said indication is of such a nature as to mislead the public with respect to the true place of origin;
    6. Trademarks consistingor comprising of  geographical indications identifying wines or spirits which do not originate in the place indicated;
    7. Trademarks contrary to morality or public order;
    8.  Trademarks which comprise, without the consent of the owner, the image or the names of persons who are well – known in Romania;
    9. Trademarks which comprise, without the authorization of the competent authorities, reproductions or imitations of coats of arms, flags, State emblems,  official signs and hallmarks for control and warranty, armories, belonging to “the Union States”& International organisations.
    10. Trademarks that are identical to an earlier trademark and the goods or services for which the registration of the trademark was applied for are identical to prior registered marks;
    11. Trademarks owing to their identity & similarity with prior registered marks run the risk of confusing the public and being associated with prior registered marks;
    12. Trademarks that are identical or similar to  trademarks which are well – known in Romania for identical or similar goods or services, as on the date of filing the applicant or trademark application thereby infringing the well “ known mark; Trademarks file in bad faith.

    TrademarkCopia through its associate Law Firms and Lawyers in Romania is at hand to help you with trademark registration and prosecution.

• Trademark Search in ROMANIA

  • It is highly advisable to conduct a search of the proposed mark to ensure that a similar mark has not been applied for by other contenders and is not pending registration or is already registered.

    A search is useful in determining the following:

    1. Conflict with existing trademarks.
    2. Confirm validity of the proposed trademark.
    3. Evaluate the filing of the application and assess the risk of nullity and 3rd party claims.
    4. Strategise on the kind of mark to file regarding the denominations such as figurative, coloured, black & white etc.
    5. Search is a useful tool prior to filing of applications since search concerning prior pending marks carried out by the Romanian Patent & Trademark Office.

    Our Attorneys are at hand to assist you with searches and provide opinions about registrarbility of the proposed / coined trademark in Romania.

• Trademark Filing in ROMANIA

  • Filing is done with the Trademark office of Romania.

    Applicant has to furnish the following documentation for filing:

    1. Name of the applicant
    2. Logo (if any) in B/W or Colour
    3. Address along with nationality of the Applicant
    4. Classes in which Registration is sought.
    5. Power of Attorney (POA)
    6. Details regarding Goods and Services for which registration sought
       (Goods and Services classified as per NICE classification)
       (Vienna Agreement for figurative ark)

    TRADEMARKCOPIA.COM Attorneys will assist you with:

    • Filings
    • Infringement & Opposition Actions
    • Renewals
    • License and Assignment procedures
    • Trademark Watch Services
• Trademark Examination in ROMANIA

  • Upon receipt of the trademark application, OSIM shall examine the application to ascertain that the application has met the stipulated conditions for registration.

    If the trademark application does not satisfy the conditions, the OSIM shall notify the applicant of the same and provide a stipulated time period for rectification, failing which, the application is refused.

    Also, if the filing & examination fees are not paid within the prescribed time limit, the application shall be refused registration.

• Trademark Publication & Opposition in ROMANIA

  • After the examination of the application, if the OSIM is satisfied that all the conditions are suitably met, the IP office decides to register the trademark. The trademark is then published in the official Industrial Property Bulletin to which interested third parties may file their opposition if any.

    If the trademark application does not encounter any opposition, it proceeds to registration.

    TrademarkCopia through its experienced Trademark Lawyers and Trademark Attorneys in Romania can comprehensively assist you with trademark opposition and prosecution.

• Trademark Registration in ROMANIA

  • After the examination of the trademark application, if the OSIM is satisfied that all the conditions are suitably met, it decides to register the trademark. The trademark is then published in the official Industrial Property Bulletin and Certificate of registration issued.

    Trademark registration in Romania is valid for 10 years from the date of filing after which it can be frequently renewed for another 10 years.

    Rights of Trademark Owners:Trademarks may be:

    • Exclusively used by the owners of the registered trademarks.
    • Transferred in whole or in part- Inherited – Assigned and licensed.
    • Mortgaged and creditors may seize such trademarks belonging to their debtors.
    • Licensed to natural or legal persons
    •  Prevented from unauthorized usage by third parties
    • The subject of appropriate redressal from a court of law upon infringement
• Trademark Usage in ROMANIA

  • Pre – Registration: usage of the trademark prior to registration is advantageous so that owing to its usage, the trademark would acquire a distinctive character, because of which it cannot be rejected on absolute grounds stating lack of distinctiveness.

    Post – Registration: if a trademark is not used continuously for a period of 5 years post registraton, then the trademark becomes vulnerable to cancellation owing to nonuse without justifiable reasons. The trademark must be put to genuine use in the territory of Romania in connection with the goods or services in respect of which it is registered, else it becomes vulnerable to cancellation.

• Trademark Cost of Registration in ROMANIA

  • Please write mail for the cost of registration of trademark in Romania or European Union to the mail address given below:

    contact@trademarkcopia.com