Trademark Renewal in Romania (OSIM): What Holders Need to Know

Registration of a trademark takes effect from the date of the regular filing and is valid for a period of 10 years. This registration can be renewed upon the holder’s request at each 10-year term, subject to the payment of the fee provided by law.

The renewal application may be submitted by the trademark holder or by any other person authorized, within a maximum of 6 months before the expiry date of the registration, in accordance with the applicable regulations.

The renewal of the registration becomes effective on the day immediately following the expiry of the current protection period. The renewal fee is due along with the application, but the application and the fee can also be submitted and paid within the 6 months following the expiration of the protection period, subject to the legal surcharge.

Failure to pay the fee within the specified timeframe results in the holder’s forfeiture of the trademark rights. OSIM will inform the trademark holder of the impending expiration of the registration at least 6 months prior, without any liability on the office for any failure to do so.

The renewal application must include the explicit request for renewal, the identification details of the holder and, if applicable, the name and address of the representative, the registration number of the trademark in the Trademark Register, and the date of the regular filing of the registration application. If the holder requests renewal for only a portion of the goods and services listed in the Register, they must specify which goods or services are included in the renewal request.

Should OSIM find that the legal conditions for renewal are not met, it will notify the holder, who may respond within 30 days of receiving the notification. Failure to respond within this period results in the rejection of the renewal application.

The renewal of the trademark registration is recorded in the Trademark Register and published in the Official Industrial Property Bulletin within a maximum of 3 months from the submission of the renewal application to OSIM. OSIM will issue a certificate of renewal to the holder.

During the protection period, the holder may request OSIM to introduce non-substantial modifications to elements of the trademark, provided that these do not substantially affect the trademark or its distinctive character, and subject to the payment of the fee provided by law. The list of goods and services cannot be extended. OSIM will record these modifications in the Trademark Register and publish the modified trademark.

Throughout the protection period of the trademark, the holder may request OSIM to record changes to the name, designation, address, or headquarters of the holder in the Trademark Register, subject to the payment of the fee provided by law. These changes will be recorded in the Trademark Register and published in the Official Industrial Property Bulletin.