Global Trademark GO - Romania - Introduction to Romanian Trademark Application

In October 2020, the amendment to Romania's "Government Decision No. 1134/2010 on the Approval of the Implementing Regulations of the Law on Trademarks and Geographical Indications" officially came into effect to be consistent with the EU Directive 2015/2436, which eliminated the requirement for graphic representations of trademarks. , thus enabling non-traditional trademark registration; and expanded other absolute grounds for rejecting or declaring invalid trademark registration, and modified the opposition procedure, extending the 2-month cooling-off period to 5 months, and stipulating that no agreement can be reached Parties may also submit facts, evidence or arguments to OSIM in order to increase the possible chances of reconciliation between the opponent and the petitioner.

A word mark application in Romania can be made for words, including names, designs, letters, numbers, graphic elements, three-dimensional shapes, especially the shape of goods or their packaging, colors, color combinations, holograms, acoustic signals and any combination thereof. , graphic trademarks, sound trademarks, action trademarks, hologram trademarks, multimedia trademarks, collective trademarks, certification marks and geographical indications, etc. Romania can apply for one trademark and multiple categories of trademarks.

1. Trademark authority

• Romanian Inventions and Trademarks Office, English: State Office for Inventions and Trademarks, OSIM
• Website: Marcă înregistrată, legislație, clasificare NISA (inregistrare-marci.ro)
• Trademark search: Căutare mărci (inregistrare-marci.ro)

2. How to apply for trademark registration

• electronic submission

3. Trademark registration application language

• Romanian

4. Documents required for trademark registration application

• Applicant information
• Trademark pattern
• List of goods and services according to Nice Classification, 11th edition (Classes 1 to 45)
• Priority information and priority documents. Priority documents can be submitted on an extended basis for an additional fee. The priority document should be translated into Romanian
• The power of attorney must indicate the scope, date and period of authorization, which can be supplemented within 2 months from the date of application.
• Trademark use statement, which can explain that the trademark has acquired distinctiveness through use and provide corresponding evidence

5. Romanian trademark registration application process

• OSIM conducts formal examination, substantive examination and examination of whether there are prior conflicting trademarks on each trademark application. If the applicant is dissatisfied with the decision of the Patent and Trademark Office, the applicant may appeal to the Appeal Board within 3 months from the date of notification of the official decision, and any other interested party may appeal to the Appeal Board within 6 months of the announcement of the official decision. Further appeals may be made to the court within 2 months from the date of notification of the Appeal Board's decision.

6. Documents required for trademark change/transfer

• transfer agreement
• Power of attorney signed by both the transferor and the transferee
• Original transfer document or notarized copy
• Name/address change information
• Show the new name of the company at the location of the change; excerpt from the company’s certificate of incorporation showing the name change, or other official document proving the name change information
• Copy of registration of name change in the Commercial Registry or any other document evidencing the change of name or a statement with authentic signature of the director/president of the company stating that the company has changed its name/address on a certain date

7. Trademark cancellation

• If a Romanian trademark is not used for five consecutive years after registration, it may be revoked.

8. Trademark objections

• Oppositions can be filed within two months from the date of publication of the trademark application. The minimum requirements for an opposition must include the trademark registration number, application date, registration date and priority date of the cited trademark. A power of attorney must be submitted at the same time as the objection request, and can be submitted 2 months after the objection request is filed.
• The applicant's comments against the opponent will be notified to the opponent and the opponent will be required to respond within 30 days.

9. Authorization, validity period and trademark renewal

• A trademark is valid for ten years from the date of application. After renewal, the trademark validity period can be extended for ten years. The renewal application can be submitted within three months before the expiration date; the renewal fee can be paid within six months after the expiration, but a late fee of 50% of the official fee is required. Renewal procedures require the submission of a signed and sealed (if any) power of attorney.
• Romania’s new trademark regulations stipulate that if the renewal is defective, the trademark owner must remedy the defect within 30 days.

10. Average time for trademark authorization

• If the trademark registration goes smoothly, the Romanian trademark process will take approximately 8-10 months from the date of application.

11. Other matters needing attention

• The use of a trademark at any officially recognized national or international exhibition held in Romania or in a country with which it has an agreement or reciprocal relations, if an application for registration of the trademark is submitted within 6 months from the date of first use at the exhibition, will have priority. However, corresponding certificates must be provided by the exhibition organizer.
• Starting from January 14, 2023, the Romanian Patent and Trademark Office will be given the authority to handle applications for cancellation and invalidation. At that time, if the applicant is ready to file an application for trademark cancellation or invalidation, he can freely choose to file an application with the Romanian Patent and Trademark Office or the Bucharest Court. one filed an application.