Trademark registration Romania
Register your trademark in Romania online in 3 steps…
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We have researched availability for more than 150,000 brands and verified that they met all requirements to trademark them.
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Every year we register more than 1500 trademarks in all countries in the world, with objections being lodged in less than 1 percent.
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What are the costs of a trademark registration in Romania?
The costs of trademark registration in Romania depend on the number of Nice classes that are relevant to the trademark. Most marks need 1 to 3 classes, but it is possible to get protection in all of classes 1 through 45 of the Nice classification.
Registration
- Includes all fees
- extra class
Watch
- Includes all fees
- up to 3 classes
extra class
Renewal
- Includes all fees
- extra class
How do you get a trademark registration in Romania?
Romania has a first-to-file jurisdiction, which means that whoever registers a trademark first gets the exclusive rights over it. To register a brand name in Romania, turn to the OSIM, the Romanian state office for inventions and trademarks. It is not necessary to use the trademark prior to registration in order to realize registration. Proof of intention to use is also not required. Besides that you can apply for a trademark in Romania on a local level, then also on a European level or internationally, via the Madrid System.
If you want to register a brand name in Romania as a non-resident of the country, it is mandatory to have this procedure run by a trademark lawyer or specialist registered in Romania. Various information is requested from you with the application. For example, you must provide the OSIM with your personal data, a representation of the trademark and a list of goods and services according to the Nice Classification. A power of attorney is also necessary, although it does not have to be legalized.
What does the registration procedure in Romania look like?
In Romania it is possible to register a trademark in several classes. You can submit your application to the state office in both paper and electronic form. After receiving your documents, the agency conducts an initial, formal investigation and assigns a deposit number and date. If you pay the application fee immediately, your application will appear in the Electronic Commerce Bulletin within seven days. In the meantime, the OSIM is conducting its substantive investigation. This is usually completed within six months of the publication date.
The publication in the electronic commerce bulletin is also followed by a two-month opposition period. This is the period during which third parties are given the opportunity to object to the trademark you wish to register in Romania. If this happens, you as an applicant will have thirty days to defend yourself against this. After completing the entire process, the registration is a fact.
A successful registration starts with a thorough trademark search
If you want to register a brand in Romania, it is advisable to start with a good trademark search. Although this is optional, it increases the chance of a successful registration procedure. Incidentally, there are several reasons to conduct a trademark search:
- If there is already a claim on your intended trademark, you save yourself the hassle of the procedure
- Similarities between trademarks can be very ambiguous and can be evaluated in detail by a trademark specialist
- You prevent accidental infringement of other people’s trademark law
- The research gives you a good idea of the existing brands within your target market
Registering a combined trademark in Romania
A trademark can consist of a word element, a figurative element (logo) or a combination of both. In the latter case – we speak of a combined brand – some extra alertness is required. If you are successful in registering a trademark in Romania, the protection you receive with this only applies to the exact combination as you presented it to the OSIM. This does not mean that you cannot use the separate elements separately, but it does mean that they are not protected.
In practice, this means that another entrepreneur may also use this element for his own promotional purposes, without there being any infringement. It needs little explanation that this can have consequences for your results. You cannot object to this; the use of the element is legal. There is one exception to this, which is when someone offers the same goods or services or goods and services very similar to yours. There is then a confusing resemblance for the consumer. To prevent this, register the individual elements that you also want to use for promotion in a separate procedure.
What is the validity of trademark protection in Romania?
Have you managed to register a brand name in Romania? This will then be valid for ten years. The term starts with retroactive effect from the application date. Trademark protection can be extended indefinitely in Romania. Extensions also have a duration of ten years. You apply for this within the last three months of the current term. There is also a grace period of six months. You can still renew your registration, but at a higher rate.
Using a registered trademark in the right way
In Romania you do not need to have a trademark already in use when you register it. However, you may not leave it unused for more than five years after the registration date. At least, if you want to avoid the risk of it being canceled. Third parties can take the initiative and inform OSIM, for example because they themselves are interested in the brand. To avoid this, use of your trademark only needs to be minimal.
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