How to Obtain Authorization for Using a Certification Mark in Romania: Registration Procedure at OSIM and Guidelines

Any individual or legal entity, including institutions, authorities, and public law bodies, may apply to the State Office for Inventions and Trademarks (OSIM) for the registration of a certification mark, provided that such entities are not engaged in economic activities involving the provision of products or services of the type certified. Registration of a certification mark cannot be granted if the applicant lacks the competence to certify the products or services for which the mark is to be registered.

The applicant for a certification mark must submit, along with the registration application, the regulations governing the use of the certification mark, authorization or documentation evidencing the legal exercise of certification activities, or, if applicable, proof of the mark’s registration in the applicant’s country of origin. The regulations must specify the authorized users of the mark, the elements and characteristics to be certified by the mark, the procedure for the certifying authority to verify these characteristics and oversee the use of the mark, the fees for using the mark, and the dispute resolution procedures.

Any individual or legal entity providing products or services may be authorized to use the certification mark, provided they comply with the regulations governing the mark’s use. The holder of the certification mark will authorize the individuals entitled to use the mark for products or services that meet the common characteristics guaranteed by the regulations.

In addition to the grounds for rejection applicable to individual trademark registration applications, a certification mark may be rejected if it fails to comply with the relevant provisions. A certification mark consisting of signs or indications that could be used to denote the geographical origin of goods or services does not entitle the holder to prohibit a third party from using such signs or indications in commercial trade, as long as they are used in accordance with fair practices in the industrial or commercial field. Such a mark cannot be opposed by a third party who is entitled to use a geographical designation.

Within two months from the publication date of the certification mark application, any individual or legal entity and any group or organization representing manufacturers, producers, service providers, traders, or consumers may file written observations regarding the application for failure to meet legal requirements. These individuals, groups, or organizations do not acquire party status in the examination procedure of the trademark registration application.

After the publication of the acceptance of the registration application and the regulations for its use, holders of prior trademarks or well-known trademarks, as well as holders of prior rights concerning image or patronymic names, protected geographical indications, protected designs or models, or copyrights, as well as any interested party, may file an opposition with OSIM against the registration of the certification mark.

If users of a certification mark do not adhere to the regulations, the holder may withdraw the authorization to use the mark or impose other sanctions stipulated in the regulations. Any interested party may request the cancellation of the certification mark registration at any time during its protection period if there are legal grounds or if the mark was registered in non-compliance with legal requirements. Legal requirements are considered fulfilled when a certification mark is effectively used by any authorized party.

Any interested party may request, at any time during the protection period of the certification mark, the holder’s rights be declared forfeited if, for a continuous period of five years from the end of the registration procedure, the mark has not been used effectively in Romania for the goods or services for which it was registered, and there are no justified reasons for non-use.

Additionally, the holder’s rights may be forfeited if, after registration, the mark has become a common designation in commerce for the product or service for which it was registered, or if, after registration and as a result of use by the holder or with their consent, the mark has become liable to mislead the public, particularly concerning the nature, quality, or geographical origin of the goods or services for which it was registered.

Rights related to a certification mark cannot be transferred by the mark holder, and the transfer of rights in a certification mark is determined by a Government decision. Once a certification mark has ceased to be protected, it cannot be refiled or used until after a period of 10 years from the end of its protection. Certification marks are subject to the regime for individual trademarks unless otherwise provided by law, and the legal fees applicable to collective marks also apply to certification marks.