How to Reduce Trademark Registration Costs in the Procedures before RO PTO (OSIM) or EUIPO?

Registering a trademark at the national level (through OSIM) or European level (via EUIPO) is a critical step in securing brand protection. However, the costs associated with this process can pose a significant barrier, particularly for small businesses or startups. There are, nonetheless, several efficient methods to reduce these expenses without compromising the protection granted by trademark registration.

Choosing Between OSIM and EUIPO

The first step in cost optimization is determining the necessary level of protection. If the company’s commercial activity is limited to Romania, registration with OSIM (State Office for Inventions and Trademarks) will suffice. The initial cost for national registration is significantly lower than that of a European trademark.

On the other hand, if the business has or will have international expansion within the European Union, registration with EUIPO (European Union Intellectual Property Office) may be more efficient. A single registration with EUIPO provides protection across all EU member states, thereby avoiding multiple registration costs in each individual country.

Proper Classification of Goods and Services

Trademark registration fees are determined by the number of classes of goods and services for which protection is sought. The Nice Classification, used internationally, divides goods and services into 45 classes. Often, businesses register their trademarks in more classes than necessary, significantly increasing costs.

To reduce expenses, it is essential to conduct a thorough analysis of the company’s activities and areas of interest. A well-defined list of goods and services will limit the number of classes requiring protection and, consequently, reduce fees.

Preliminary Trademark Availability Search

One of the most costly mistakes is attempting to register a trademark that is already protected by another entity. This can lead to expensive opposition proceedings or litigation and the loss of already paid registration fees.

To avoid such issues, it is advisable to conduct a prior search in the OSIM or EUIPO databases. These searches can be performed independently or with the assistance of a licensed industrial property attorney. Although consultancy incurs an additional cost, it can prevent considerable expenses in the long term.

Accessing Non-Refundable EU Funds

Accessing non-refundable European funds for trademark registration through the SME Fund program represents a significant opportunity for SMEs seeking to protect their intellectual property.

The SME Fund, managed by EUIPO (European Union Intellectual Property Office) and financed by the European Commission, offers financial support in the form of vouchers to cover part of the costs related to the registration of trademarks, patents, or other intellectual property rights. Through the SME Fund, companies can obtain vouchers that cover up to 75% of trademark registration fees at both the national (OSIM) and European (EUIPO) levels.

Trademark Monitoring

Costs associated with trademark protection do not end with the initial registration stage. Over time, the trademark owner must remain vigilant against unauthorized use by third parties and adhere to renewal deadlines.

Additionally, it is crucial to respect renewal deadlines (every 10 years) to avoid paying additional reactivation fees or even losing rights to the trademark.

Engaging a Licensed Industrial Property Attorney

While it may seem like an additional expense at first glance, working with an intellectual property specialist can actually be a cost-saving measure in the long run. An expert can provide advice on the most efficient way to protect the trademark, avoiding costly mistakes and ensuring compliance with all legal requirements.

Reducing the costs associated with trademark registration with OSIM or EUIPO is achievable through strategic planning and the smart use of available resources. From choosing the correct level of protection to optimizing the classification of goods and using online services, there are numerous ways to streamline the process. Consulting an intellectual property specialist can also prove to be a valuable investment, preventing potential legal issues and future costs.