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Trademark Renewal
In Romania in order to maintain the validity of a trademark registration you must renew it every 10 years. The renewal process is fairly simple, you will need to provide trademark registration details and send us a power of attorney.
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Applications are handled by experienced local Trademark Attorneys to ensure that all legal requirements are met.
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If your trademark application is rejected, our Attorneys will inform you and advise you on the best course of action.
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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: https://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 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 is the difference between a trademark, patent and copyright ?

You can lay claim to your work in many ways. Trademarks, patents, and copyrights offer protection to intellectual property owners. 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 services from others 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 alone (otherwise we’d all be doing it). You must materialize your concept into a tangible invention, innovative product, device, or process that offers new solutions to an existing problem.

Copyright protects all types of original published, performed, and printed creative works of art, literature, and music. It prevents people from using, reproducing, or distributing copyrighted works without the permission of the artist, author, composer, etc. Types of work covered by copyright protection include:

  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.

 

Trademarks, patents, and copyrights are all examples of ways you can protect your intellectual property. Your rights 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?

The symbol of a circled letter R after a trademark name or graphic image means that the preceding trademark has been registered. Various typographic symbols indicate copyrights and patents. The presence or absence of a symbol does not change the validity of the registration, but the best practice is to use 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 or trademark symbol indicates an unregistered trademark for one of 34 different classes of products. Owners use this symbol to claim the preceding name or logo as the Trademark of their product.
  • SM: The SM or service mark symbol is similar to the TM symbol except it indicates a claim to a mark for a service (one of 11 classes of service) rather than a tangible product.
  • ®: Use the ® symbol once you’ve registered your trademark or service mark. It shows that the country authority has approved the registration.
  • ©: Use the © symbol to indicate copyrighted material. The copyright notice should appear on the material as Copyright © followed by the date the work was created, the copyright owner’s name, a period, and finally “All Rights Reserved.” Like this: Copyright © 2021, John Smith. All Rights Reserved. Use it whether the copyright has been registered 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 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.

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 comprehensive 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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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 seek professional help. Our company offers a Comprehensive Trademark Study service. The Study gives you details of the classes in which you might want to register your trademark; it also lists identical and similar trademarks, and finally, you get 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 completed comprehensive trademark search does not necessarily guarantee your trademark will be accepted and registered. A  Comprehensive 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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