When Do You Need a Local Representative in Romania?
Foreign applicants often discover that the rules governing trademark representation in Romania are clearer than they initially appear, yet not always intuitive. Romanian trademark law follows the familiar European model: it distinguishes between applicants who are established within the European Union or the European Economic Area, and those who are not. This distinction determines whether a party can act directly before OSIM, or whether they must rely on a local representative.
One point is worth clarifying from the outset. Romanian legislation does allow a non-EU/EEA applicant to file a national trademark application directly, without appointing a representative. This possibility is often used by applicants who simply want to secure a filing date quickly, without having yet established their local arrangements. However, this exception applies strictly to the filing act itself. The moment OSIM begins communicating on the application, whether it is a formal observation, a request for clarification, or any form of examination notice, the situation changes. At that point, a foreign applicant who has no domicile, seat, or real establishment in the EU/EEA must appoint a representative authorized to act before OSIM, or at least provide an address for service in Romania.
In practice, an address for service alone rarely suffices. It satisfies the procedural requirement of allowing OSIM to deliver notifications, but it does not allow the person designated at that address to respond or take procedural steps on behalf of the applicant. For that, a power of attorney is needed. Romanian practice is strict: submissions made by someone who is not formally empowered are simply not taken into account. This can have clear and sometimes irreversible consequences, given the tight procedural deadlines that apply during both examination and opposition phases.
This is why, although the law technically permits direct filing, most non-EU/EEA applicants choose to appoint a representative from the beginning. It avoids the risk of missing a deadline or failing to comply with a formality at a stage where OSIM expects precise and timely communication. It also ensures that examination notices, oppositions, and later, if needed, appeals or requests for renewal are handled by someone familiar with local procedure, deadlines, and the expectations of the Romanian examiners.
The requirement for representation extends beyond prosecution. Owners of registered marks located outside the EU/EEA also need a representative for any subsequent action on their rights: renewals, changes of ownership, license recordals, or correcting earlier data. In all these cases, OSIM will only take valid procedural acts into account if they come from the owner directly (when the owner is within the EU/EEA) or through an authorized representative (when the owner is outside it).
Romanian practice also limits representation to a single professional at a time. When several names appear in a power of attorney, OSIM considers only the first as the appointed representative. This is another practical detail that occasionally surprises foreign firms and reinforces the need for clear appointment documents.
For applicants established within the EU/EEA, the situation is more flexible. They can act directly throughout the procedure and may interact with OSIM without appointing a representative. Even so, many EU-based firms and brand owners decide to rely on Romanian counsel for contested matters or for applications involving complex arguments on distinctiveness or likelihood of confusion. Romanian examiners follow the European framework, but their practice includes nuances and expectations that are often more efficiently addressed by someone handling these issues daily.
Ultimately, the requirement for a representative in Romania is neither burdensome nor unusual; it aligns with the broader European approach. But it is important for foreign applicants to understand exactly where the threshold lies. Non-EU/EEA applicants may submit an application on their own, yet they cannot prosecute or maintain it without a representative or an address for service. EU/EEA applicants enjoy greater procedural freedom, although professional support remains advisable in anything beyond straightforward filings.
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