FAQ: Trademark Registration in Romania

In Romania, trademark rights are acquired and protected by registering the trademark with the State Office for Inventions and Trademarks (OSIM). The process involves filing an application with OSIM, paying the required fees, and following through with the necessary procedures, which include an examination of the application, publication, and the possibility of opposition or cancellation.

What are the reasons for refusal of trademark registration in Romania?

Trademark applications in Romania can be refused for absolute reasons, such as: Signs that do not qualify as a trademark according to Romanian law, Marks lacking distinctiveness, Marks that are purely descriptive or become commonplace in trade, Marks that consist of signs indicating characteristics such as quality, quantity, or geographical origin, Signs that are determined by the nature of the product or are necessary for achieving a technical result, Marks that are misleading, such as indicating incorrect geographical origin or product quality, Trademarks prohibited by European Union legislation or international agreements, such as those protecting geographical indications or traditional specialties, Marks that include the name or image of a famous person without consent.

What are relative grounds for refusal of trademark registration?

A trademark may also be refused or canceled for relative reasons, including if it is identical or similar to a previously registered trademark and the goods/services overlap, if the trademark would cause confusion or association with a well-known earlier trademark, even if the goods or services are not identical or similar, or if there is a risk of unjust enrichment from the earlier mark’s reputation.

Can a trademark be registered if it lacks distinctiveness?

A trademark can still be registered even if it lacks distinctiveness initially, provided it acquires distinctiveness through use in the market. If a trademark has gained distinctiveness due to its use, it may be accepted for registration, even if it would otherwise be refused.

Who can apply for trademark registration in Romania?

Any person or legal entity can apply for trademark registration in Romania, either individually or jointly. If the applicant does not have a domicile, place of business, or industrial/commercial unit within the European Union (EU) or the European Economic Area (EEA), they must be represented by a legal agent or attorney.

What documents are required for trademark registration?

The applicant must submit a completed application form to OSIM, which includes all the necessary elements as defined by law. Additionally, they must provide proof of payment for the application fees within 30 days of filing the application.

How long does the trademark registration process take?

The process typically takes several months. After the application is filed, it is examined by OSIM within 7 days to ensure that it meets the basic requirements. The application is then published, and third parties may submit observations or oppositions. OSIM will issue a decision on the application within 6 months from publication, unless there are objections or oppositions.

Can a trademark application be divided into multiple applications?

Yes, if the applicant wants to split the registration into multiple applications, they can request the division of the application. This process allows the applicant to divide the application into separate parts based on the goods or services covered by the mark. The division preserves the original filing date and any priority rights.

What happens if someone opposes my trademark application?

If someone opposes your trademark application, they must submit a formal opposition within two months after the publication of your trademark application. You will be notified and given time to resolve the matter amicably or to submit arguments in defense of your trademark. If the opposition is based on earlier rights, the opposing party may need to prove that their mark has been in use for at least five years before your application.

How are oppositions resolved in the trademark registration process?

Once an opposition is filed, OSIM gives both parties a chance to resolve the matter amicably. If no agreement is reached, the opposition process proceeds with the submission of evidence and arguments. OSIM will review the case and issue a decision based on the arguments presented by both parties.

What are the fees associated with trademark registration in Romania?

There are several fees involved in the trademark registration process, including the filing fee, examination fee, and, if applicable, fees for opposition, division, and other actions. The exact fees are outlined by law and must be paid in a timely manner to ensure the application is processed.

Can I cancel or withdraw my trademark application?

Yes, a trademark application can be withdrawn or canceled, either voluntarily by the applicant or based on legal grounds, such as opposition from third parties or failure to meet the registration requirements. If the applicant does not pay the required fees within the prescribed time, the application may be rejected.

Is it necessary to use the trademark in Romania to maintain its registration?

Yes, to maintain a trademark registration in Romania, it must be used in commerce. If a trademark has not been used for five consecutive years, it may be subject to cancellation upon request from a third party.

Can I register my trademark if I am based outside of Romania or the EU?

Yes, individuals or entities based outside of Romania or the EU can apply for trademark registration in Romania, but they must appoint a representative who has a domicile or place of business within the EU or EEA.

For legal advice or more specific inquiries regarding trademark registration in Romania, feel free to contact us at office@irimia-ip.com or at +40 792 42 29 19 / +40 727 12 33 21.