Registration and Enforcement of Trademark Rights in Romania

In a market economy driven by competition and brand prominence, a trademark represents far more than a mere graphic sign or trade name. It constitutes a pivotal element of a business strategy and an asset of considerable legal and economic significance. Through trademarks, consumers identify the origin of goods or services, associate them with a particular standard of quality, and distinguish them from competing offerings. Accordingly, a trademark functions simultaneously as a tool of differentiation, a means of cultivating customer loyalty, and a safeguard of commercial reputation.

The legal framework governing trademarks in Romania is established under Law No. 84/1998 on Trademarks and Geographical Indications, republished, and harmonized with European Union legislation and international treaties to which Romania is a party. Under this statutory regime, exclusive rights in a trademark are acquired not merely through use but through registration with the State Office for Inventions and Trademarks (OSIM).

Signs Eligible for Trademark Registration with OSIM

Romanian law adopts a broad and flexible definition of a trademark, designed to accommodate the evolution of modern commerce. Accordingly, a trademark may consist of words, including personal names, designs, letters or numerals, color combinations, figurative elements, three-dimensional shapes of goods or their packaging, and even sounds. The fundamental requirement is that the sign must be capable of distinguishing the goods or services of one enterprise from those of others and must be represented in the Trademark Register in a manner that is clear and precise, enabling both the public and authorities to ascertain the exact scope of protection.

This conceptual framework allows for the protection of unconventional marks, such as uniquely shaped packaging or sound identities, while excluding signs that are incapable of serving as distinctive indicators by their very nature.

Grounds for Refusal of Trademark Registration in Romania

Not every proposed sign is registrable. The law distinguishes between absolute grounds and relative grounds for refusal.

Absolute Grounds

OSIM will refuse a trademark application where the sign fails to satisfy the statutory criteria for a valid trademark. This includes signs lacking distinctiveness, those that have become customary in trade, and signs composed exclusively of descriptive elements concerning the type, quality, purpose, or origin of the goods or services. Exclusions also apply to signs dictated by the inherent nature of the product or necessary to achieve a technical result, as well as those that confer substantial value on the product.

Marks likely to mislead the public, contravene public order or morality, or reproduce official, religious, or state symbols without authorization are also prohibited. Protection is denied where a mark reproduces the image or surname of a famous person without consent or conflicts with designations of origin, geographical indications, or other protected signs under EU law or international treaties to which Romania is a party.

Relative Grounds

Beyond these absolute prohibitions, a trademark may be refused if it conflicts with prior rights. OSIM will not register a sign identical or similar to an existing mark covering identical or similar goods or services, where this creates a likelihood of confusion or association. However, OSIM does not assess relative grounds ex officio; oppositions must be lodged by interested third parties.

Additionally, registration will be denied where the new mark unjustifiably exploits the reputation of a prior mark or diminishes its distinctiveness, even in respect of unrelated goods or services. Conflicts may also arise with other prior rights, including copyright, personal names, image rights, or signs used in good faith, with statutory mechanisms allowing such rights to prevail over the registration application.

Trademark Registration Procedure with OSIM

The registration process begins with the submission of an application in Romanian, containing all mandatory elements: a formal request for registration, applicant identification, a representation of the trademark, and a specification of goods or services. Filing and publication fees must be paid concurrently. Applicants may, where applicable, claim specific colors, specify three-dimensional characteristics, or provide transliterations or translations.

The filing date becomes the official “deposit date” if all formal requirements are met. If essential information is missing, OSIM grants a 30-day period for supplementation, and the filing date is set only upon rectification.

Within seven days of the deposit date, the application is published electronically in the Official Bulletin of Industrial Property (BOPI). Publication triggers a two-month period during which any natural or legal person, including organizations representing commercial or consumer interests, may submit observations regarding absolute grounds for refusal.

Following this period, OSIM conducts substantive examination, considering any observations filed. Examination must be completed within six months and results in either acceptance or refusal of the application, in whole or in part.

Upon acceptance, the mark is republished in BOPI for an additional two-month period, during which holders of prior rights or other interested parties may submit oppositions based on relative grounds, such as the existence of similar marks or potential confusion in the marketplace.

Following final resolution of any oppositions—or in their absence—the trademark is entered into the Trademark Register, and the registrant must pay the statutory fee for issuance of the registration certificate. Failure to pay constitutes a formal abandonment of registration, recorded in the Register and published in BOPI.

Classification of Goods and Services: The Nice Classification

A critical aspect of registration involves precisely specifying the goods or services to be protected. The law requires sufficient clarity to determine the scope of protection. The Nice Classification system is employed, grouping goods and services into numbered classes.

The explicit designation of classes is not a mere formality; it directly defines the scope of trademark protection and may affect examination and potential oppositions. Membership in the same class does not automatically imply similarity, nor does classification in different classes preclude it. Assessment always considers the actual nature of the goods or services and consumer perception.

Effects of Registration and Duration of Protection

Trademark registration confers retroactive effects from the deposit date and grants the holder an exclusive right to use the mark for designated goods and services, including the ability to prohibit unauthorized use by third parties where confusion is likely.

Protection is granted for ten years, renewable indefinitely in ten-year periods upon payment of statutory fees. Renewal applications may be filed prior to expiry, allowing perpetual maintenance of the mark, provided the holder demonstrates intent to keep it active.

Romania’s trademark regime represents an integrated system protecting both private and public interests, balancing the rights of trademark holders with the need to safeguard consumers and the marketplace from deceptive practices. Through OSIM’s administration of examination and registration, Law No. 84/1998 ensures that legal protection is conferred solely upon marks that are distinctive and legitimate, thereby promoting clarity, predictability, and fairness in commercial relations while preventing confusion, unjust exploitation of reputational value, and the creation of unlawful monopolies.

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