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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 belows.
Step 1 - Trademark Study
Before filing your trademark in Romania, you must evaluate any issues that may arise during the registration process. Our Comprehensive Study not only lists similar trademarks (graphic and phonetic) that may conflict with yours but also provides you with an Attorney's opinion on the trademark registration possibilities and the class(es) that your goods/services belong to.
Graphic and phonetic similarity trademark search report
Trademark attorney's analysis and advice
Trademark class recommendation
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Step 2 - Trademark Application
Specialized attorneys will file your trademark application in Romania and carry out all the necessary formalities to bring your application for approval and registration. As soon as your trademark is filed, we will send you a filing report that will include the application number and application date. Also, we will send you a scanned copy of the filed application.
Process handled by experienced trademark attorneys
Filing report and a scanned copy of the application
Online tracking of the registration process
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Step 3 - Trademark Certificate
Once your trademark application is approved, our attorneys complete all the formalities necessary to obtain the registration certificate in Romania. After the certificate is issued, it is forwarded to your address along with a registration report specifying the registration number, registration date, and any special consideration that should be taken into account in Romania.
Process handled by experienced trademark attorneys
Registration report and delivery of the registration certificate
Monitoring and notification of important dates
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**If you know your registration possibilities, you can proceed directly with service: Step 2 - Trademark Application
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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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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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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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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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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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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.

Basic Concepts
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What is a trademark?

A trademark identifies a company’s products and services and distinguishes them from those of its competitors in the market. The name (the verbal element) is not the only component of a trademark—figurative elements such as logos, design, images, colors, and sounds also create an identity that can be protected by 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 trademark symbol to show that the trademark has been filed at the trademark office and is still undergoing the registration process.

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

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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 best describe your business activity. 

Countries around the world have standardized 45 classes (34 for products and 11 for services) for international use under the Nice International Classification.

These classes group all known products and services. If applicable, you can register the same trademark in more than one class; for example, you may register the trademark KING for computers in class 23 and register the same trademark in class 24 for cosmetics. 

Trademark protection only extends to commercial use within your specified classes.  It is, therefore, possible 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. If you feel that protection should extend to include more than one class, you can choose multiple classes under which to conduct business.

You can search for your trademark class with this Trademark Class Search tool.

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Do I have to specify the products and services?

Yes, you have. It is not possible to register trademarks that are too descriptive or generic. For example, you cannot register the term 'CAR' for automobiles. You also cannot register a trademark that is like other marks. For example, you cannot register a trademark like HAMASON as an online bookstore because it resembles the Amazon brand name.  

If you are unaware of which class or classes best protect your goods and services, we recommend you order the Trademark Study. Our experienced attorneys will review your product or service description and match it to the class or classes most for your business activity. 

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What is a priority claim and when can I use it?

A priority claim is an allowance based on Article 4 of the Paris Convention for the Protection of Industrial Property. It enables you as the owner of a filed trademark to file subsequent trademark applications in any of the Convention’s signatory countries using the effective date of your first application as long as you file the subsequent applications within six months of your original trademark application.  That means if you apply for a trademark in Canada, five months later, you can apply for a trademark in France using the effective date of your Canadian application.

We strongly recommend that you submit your additional applications as soon as possible after your base application.  Many countries have strict requirements regarding the type of documentation required in order to claim priority (sometimes including legalization and translation of the original application). 

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What happens if oppositions or objections arise during the registration process?

The purpose of the Trademark Study is to assess the probabilities of objections and oppositions. If objections or oppositions arise, Nominus.com relies on experienced Trademark Attorneys that will guide you in the appropriate course of action.

Upon notification of an office action or opposition, we strive to:

  • Communicate the details of the action to you as quickly as possible.
  • Include future steps and possible arguments.
  • Monitor deadlines and explain the costs to prepare and submit a response, if applicable.
     
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 whether or not they have the legal right to do so. They organize massive marketing campaigns with names they later find they’re not allowed to use. Performing a trademark search before deciding which trademark to register is a wise thing to do, especially when you consider future risks of litigation.  

It is a good idea to carry out some research before starting to do 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.  The other company may object to you using the trademark and legally prohibit you from doing so.

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What is a preliminary trademark search?

Your preliminary trademark search is an important first step before you spend time and money considering whether to apply for a potential trademark or not.

If you have trademark experience, you can use our free trademark search engine, or others like the TMView trademark search engine, to search for existing marks that are identical to your planned trademark. While preliminary trademark searches are a critical part of your registration process, a successful search that shows no conflicts with identical marks does not necessarily mean the Trademark Office will not reject your registration application. 

if you have little or no experience dealing with trademarks, we suggest you find professional help. Our company offers the service Trademark 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 know a little about trademark registration, you can search using any online trademark search tool. If not, we recommend that you hire a trademark attorney or trademark service like Nominus.com to handle your trademark registration requirements, especially the trademark search because the process is complex and relatively time-consuming.

Please note that if you don’t manage to complete the application process correctly, the registration can drag on for several months and end up costing 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 trademarks. Globalization also raises the question of entering international markets and registering trademarks in foreign countries to protect both your brand and your property rights.

Please note that even a complete trademark search does not necessarily guarantee your trademark will be accepted and registered. A  Trademark Study includes an extended review process and, more significantly, a formal evaluation of the likelihood that your application will be successful.

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