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Benelux trademark protects Belgium, Netherlands and Luxemburg. In order to obtain trademark protection in Benelux you can register your trademark in two ways: First option is that you request registration in the entire European Union with one single application; this can be done via the European Union Trademark which grants trademark protection in the 28 country members of the EU (more info here). Second option is that you register directly your trademark in Benelux. If you want to proceed this way please follow the steps described below.
Step 1 - Trademark Comprehensive Study
Before filing your trademark in Romania it is important that you evaluate possible obstacles that may arise during registration process. Our Trademark Comprehensive Study will not only list similar trademarks (graphic & phonetic) that may conflict with yours, but also give you an Attorney's opinion about registration probabilities and the class(es) that belong your product/services.
Trademark Class Recommendation
Graphic & Phonetic Similarity Trademark Search
Trademark Attorneys Analysis & Advice
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Step 2 - Trademark Registration Request
Your Trademark Application will be filed by specialized attorneys in Romania, who will carry out all needed tasks before the Trademark Office in Romania in order to obtain registration approval. As soon as your trademark is filed we will send you a filing report which will include application number and date, plus a scanned copy of filed trademark application in Romania.
Process Handled by Experienced Trademark Attorneys
Filing Report & Scanned Copy of Application
Online Tracking of the Registration Process
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Step 3 - Trademark Registration Certificate
Once your trademark application is approved, our attorneys will complete all necessary requirements in order to obtain the registration certificate in Romania. After the certificate is issued, it will be forwarded to your address along wit h a registration report specifying registration number, registration date and any special consideration that should be taken into account in Romania.
Process Handled by Experienced Trademark Attorneys
Delivery of the Registration Certificate & Report
Monitor & Reminder of important dates
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 Frequently Asked Questions
Trademark Registration
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Is there a time frame for the trademark registration approval?

The average time frame for the registration approval is 8 months, if no objections or oppositions arise.

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If I register my trademark in Romania, do I have protection in other territories?

No. Romania is the territorial limit of protection.

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Do I need to sign a Power of Attorney?

Yes. You have to sign a power of attorney for application purposes.

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Are there any benefits from a pre-filing use of the trademark?

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
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Will there be problems in case I don’t use my trademark after registration?

Yes. Any interested party may file a petition to the Bucharest City Court to revoke the owner’s rights.

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What are the types of trademark that can be registered in Romania?

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
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What are the phases of application after a trademark has been filed in Romania?

The sequence of trademark application in Romania is as follows: 

  1. 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
  2. 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
  3. Registration – Once all challenges are overcome, registration will be issued by the trademark office.
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Are there any types of trademark that cannot be registered?

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
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Does Romania use the "Nice Classification" system?

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.

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Does the Community Trademark apply for Romania?

Yes, Community Trademark (currently known as European Union Trade Mark) registration applies for Romania.

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Is there any possibility to claim priority in 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
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What do I need to do to satisfy the use requirement?

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.

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Once my trademark has been registered, for how many years will be valid?

A registered mark in Romania is valid for 10 years counting from the application date.

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What will be the renewal date of my trademark?

The first renewal will take place on the 10th year from the date when the application was filed.

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Is it legal to use my trademark even if it is not yet registered?

Yes. Unregistered marks can be used legally for goods and services.

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Does having a registered trademark in Romania afford me any right?

It is a requirement by law to register a mark before the owner can secure any right.

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What is the web address of the trademark national office?

The web address of Romania’s trademark office is: http://www.osim.ro/

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Is there any need to use my trademark before I apply for registration?

No. There’s no need to use the mark before applying for registration.

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What are the grounds for a Trademark Application to be opposed?

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
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Who can contest my trademark registration?

Applications may be challenged by the following: 

  • Interested/aggrieved parties
  • Owner of a similar mark that was registered earlier
  • Licensees
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Is it possible to cancel a registration?

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
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Are there any rights established by having a registered trademark?

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
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How long is the opposition period?

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.

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Is Romania a member of the Madrid System?

Yes, Romania is a member of international treaties Madrid Protocol and Madrid Agreement.

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Do I need to present periodic statement of use?

Filings that would set forth the owner’s use of the mark such as periodic statements of use are not necessary.

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When should I renew my trademark?

Renewals are made every 10 years from the date of last renewal.

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What will be the renewal date of my trademark?

The first renewal will take place on the 10th year from the date when the application was filed.

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Is there any documentation that should be presented when renewing a trademark?

A power of attorney is needed for trademark renewals.

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If my trademark expires, do I have a grace period?

Once the trademark has expired, the owner has 6 months to file for a renewal.

Basic Questions
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What is a trademark?

A trademark identifies products and services in order to distinguish them in the market. The name, the verbal element, is not the only component that distinguishes a trademark; figurative elements such as logos, design, images, colors and sounds also create an identity that can be protected through trademark registration.

 With the registration, the owner (person or company) becomes the owner of the trademark. The registration is given for a particular country/territory, for certain products or services and for a specific term. While the registration is in force, only the owner may use the trademark in the market where the trademark is registered.

 Some symbols to consider:

® Means the trademark is registered.

TM Some countries use this symbol to show that the trademark has been filed at the trademarks office and is still undergoing the registration process.

SM Some countries use this symbol to show that the service mark has been filed at the trademarks office and is still undergoing the registration process.

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What is the difference between a trademark, patent and copyright ?

There are many ways to lay claim to your work. Trademarks, patents, and copyrights offer protection for owners of intellectual property. A trademark helps people find your goods and services. When recognized as a registered mark, it protects your right to exclusively use the image, logo, phrases, or words to distinguish your goods or a service in the market.

patent safeguards ideas and inventions. It gives a creator or inventor exclusive rights that prevent other people from making, using, or profiting in any way from an invention or creative innovation without the consent of the inventor.

You cannot patent an idea because we all have them. You must materialize your concept into a tangible invention, innovative product, device, or process that offers new solutions to a problem to secure a patent.

Copyright protect published, performed, or printed creative works. People who produce artistic or musical work seek to protect their “right” to stop others from “copying” what they do. Copyright protection protects any original creative works of authors including:

  1. a) artwork (2 or 3 dimensional),
  2. b) photographs, graphic drawings, and designs as well as other forms of creativity;
  3. c) songs, music, and sound recordings of all kinds;
  4. d) books, manuscripts, publications, and another written work; and
  5. e) plays, movies, shows, and other performance arts.

 

A trademark, patent, or copyright are all examples of ways you protect your intellectual property. Your right to control and benefit from your efforts are increasingly important in our global economy. Registering a formal claim to your property is a critical step in protecting what you own.

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What is the difference between TM, SM, ® and other symbols?

You recognize a registered trademark by the symbol of a circle-R following the trademark name or graphic image. Various typographic symbols show copyrights and patents. The presence or absence of a symbol does not change the validity of the registration, but a best practice is to use a circle-R or circle-C for copyrights every time you mention your intellectual property in print. These symbols give legal grounds for claiming damages in trademark litigation. The following is a list of some typical marks you can use on a web page, in written content, or even in a marketing letter.

  • TM: The TM sign shows the brand name for an unregistered trademark classified as a product (classes 1 to 34). The owner uses this sign to mark what they believe is their brand mark.
  • SM: The SM sign is identical to the TM sign except it designates a service mark (classes 35 to 45).
  • ®: ®: Use the ® symbol once you register a trademark or service mark. It shows that the country authority has approved the registration.
  • ©: Use the © symbol to mark a copyright. The word copyright is substitute sign for Follow it with the year of the publication and owner's name. Use it whether the work has obtained copyright registration or not.
  • Patent Pending: The phrase Patent Pending shows that you filed a patent application but cannot guarantee the application's approval.
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What are trademark classes?

Trademark Offices around the world use classes to divide commercial products and services into defined categories.  When you apply for your trademark to protect your brand, you must define the class or classes that you believe are best describe your business activity. 

There are 45 classes – 34 for products and 11 for services – which countries from around the world have standardized for international use under the 'Nice International Classification'.

These classes group all known products and services. You can register the same trademark if there are similar classes, for example, you may register the trademark KING for computers in class 23, and you can also register the same trademark in class 24 for cosmetics. 

Trademark protection only extends to commercial use within your specified classes.  It is possible, then for two entities conducting business in different classes to use identical or similar trademarks and for each entity to enjoy full trademark protection in their respective classes. You can choose multiple classes under which to conduct business if you feel the protection must extend beyond only one class.

You can perform a search of your class with the following tool Trademark Class Search

Trademark Search
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Why do I need to perform a trademark search?

Once you have a product or service and think you have a name for it, how do you know you can use it as your own? What happens if you unintentionally use a registered trademark name? 

Too many people use a name without knowing if they have legal coverage, and they put up big marketing campaigns with names that later they find they cannot use. Performing a Comprehensive Search Study before you decide to register your brand mark is a wise decision especially when you consider future risks of litigation. 

It is a good idea to conduct a Study before you start doing business with a trademark.  It may not be in your best interest to use a mark if another company is already actively conducting business in the same class.  That company may be able to object to your use of the trademark and prohibit you from using the mark in a court of law.

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Do I need an Attorney to perform a Trademark Search?

No, you don’t, but if you have little or no experience dealing with trademarks, we suggest you find professional help. Our company offers the service Trademark Comprehensive Study. The Study will give you details about the classes where might want to register your trademark, it will also list identical and similar trademarks, and finally, it will provide you an Attorney's recommendation about registration possibilities and use of your trademark.

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Where can I perform a trademark search?

If you have some knowledge about trademark registration, you can search using any online trademark search tool. If not, we recommend hiring a trademark attorney or trademark service like Nominus.com to handle your trademark registration requirements, especially a trademark search because the entire process is complex and takes time.

Notice that if you do not complete the application process carefully, the registration process could be extended for many months and cost far more than you intended to pay. The trademark search is a critical part of the process.

A broad trademark search is essential in today's marketplace given the increasing number of unregistered and common law marks. Globalization of markets also raises the question of entering international markets and registration of marks in foreign countries to protect your brand and your property rights.

You need to understand that even a completed comprehensive trademark search does not guarantee acceptance and registration of your mark. A Trademark Comprehensive Study includes a more extensive review process and, more significantly, a formal opinion estimating the probability of your application's acceptance.

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