Registration of a Slogan (Tagline) as a Trademark with the Romanian PTO

In business, a well-crafted slogan can play a crucial role in the success of a brand. It aids in identifying a company and its products or services while evoking strong emotions among consumers. Therefore, protecting a slogan by registering it as a trademark with the State Office for Inventions and Trademarks (OSIM/ROPTO) is an essential step for any business seeking to safeguard its market identity.

Legal Definition of a Slogan

From OSIM’s perspective, a slogan qualifies as a trademark, which means it is subject to the same rules and registration procedures as any other type of trademark, whether verbal, figurative, or combined. This implies that the slogan must be distinctive, not purely descriptive, and must not resemble any existing registered trademarks for the same categories of goods or services.

Importance of Slogan Registration

Registering a slogan provides legal protection against unauthorized copying or use by third parties. In the absence of such registration, a competitor could use the same or a similar slogan, thereby capitalizing on your brand’s reputation and recognition. By obtaining a trademark certificate for your slogan, you gain the ability to take legal action against any attempts to use it without your consent.

Steps for Registering a Slogan as a Trademark with the Romanian PTO

Availability Check: The first crucial step is to ensure that the slogan you wish to register is not already in use or registered by another company for the same classes of goods or services. This can be done by consulting OSIM’s public trademark database or engaging a licensed industrial property consultant for a more thorough search.

Selection of Protection Classes: Just like any trademark, it is important to correctly select the classes of goods or services for which you wish to register the slogan. This is done according to the Nice Classification, which categorizes all products and services into 45 classes.

Payment of Fees: For the registration application to be processed, the legal fees specified by current legislation must be paid. The amount may vary depending on the number of protection classes requested.

Examination by OSIM: After submitting the application and paying the fees, OSIM will examine the application to ensure that the slogan meets all legal requirements.

Publication of Application: If the application passes preliminary examination, it will be published in the Official Bulletin of Industrial Property. During this period, third parties have the opportunity to file oppositions if they believe that the registration of the slogan would affect their rights.

Issuance of Trademark Certificate: If no oppositions are filed or if they are resolved favorably for the applicant, OSIM will issue the trademark certificate, granting protection for a period of 10 years, with the possibility of renewal.

It is important to note that OSIM may reject a registration application for a slogan that is too generic, descriptive, or lacking in distinctiveness. For example, a slogan such as “The Best Soap” might be deemed too descriptive to qualify for trademark protection, as it does not allow consumers to distinguish the products of a particular company from those of competitors.

Registering a slogan as a trademark with OSIM not only offers protection but also contributes to the long-term strengthening of brand identity. The registration process involves several essential steps, from availability checks to fee payments and certificate issuance.

For specialized assistance, please contact us at: +40 792 422 919 or e-mail us at: office@irimia-ip.com.