Trademarks and Geographical Indication

NATIONAL LAW

  • Law on the Trademarks and Geographical Indication No. 84/1998
INTERNATIONAL AGREEMENTS AND CONVENTIONS to which Romania is party:
  • Paris Convention for the Protection of Industrial Property
  • Madrid Agreement Concerning the International Registration of Marks
  • Protocol relating to the Madrid Agreement
  • Nice Agreement Concerning the International Classification of Goods and Services for the Purpose of the Registration of the Marks
  • Vienna Agreement Concerning the International Classification of the Figurative Elements of Marks
  • Trade Mark Law Treaty
  • TRIPS Agreement
ABOUT REGISTRATION OF A MARK IN ROMANIA

SIGNS WHICH MAY BE REGISTERED AS TRADEMARKS
The following distinctive signs may be registered as trade marks: words, including names of persons, drawings, letters, ciphers, figurative elements, three-dimensional signs, and in particular the shape of the products or their packaging, colors combinations as well as any other combinations of these signs.

TYPES OF TRADE MARKS

  • Individual marks
  • Collective marks
  • Certification marks
ABOUT THE APPLICANT AND APPLICANT'S REPRESENTATION
Any physical or legal entity may file an application. The foreign applicants must appoint an authorized representative residing in Romania.

ABOUT PRIORITY
The priority based on Paris Convention is accepted. The exhibition priority is also accepted.

THE EXAMINATION
The Romanian Trade Mark Office makes a formal and a substantive examination. After the substantive examination a trade mark can be rejected based on the absolute or relative grounds. In order to overcome the refusal it is possible to file a response based on arguments or letter of consent from the owner of the opposed mark.

OPPOSITION AGAINST A TRADE MARK
It is possible to file an opposition against a trade mark which was published in the Official Trade Mark Bulletin in a period of three months after the publication date.

DURATION OF PROTECTION AND RENEWAL OF A REGISTERED TRADE MARK
The registration of a trade mark produces effects beginning with the date of the regulatory national deposit of the marks, for a period of 10 years.
The registration may be renewed for another period of 10 years. The renewal fees may be also paid in the following 6 months from the expiration of the protection period, with the increase of the renewal fees provided by the law.

TRANSFER OF THE RIGHTS OVER THE TRADEMARKS
The recordal of assignments and licenses are accepted by the Romanian Trade Mark Office. There are no legal provisions concerning registered users.

GEOGRAPHICAL INDICATIONS
According to Romanian Trade mark Law, the geographical indication is the designation for the identification of a product originating from a country, region or county of a state, when a quality, a reputation or other determined characteristics may be essentially granted to this geographical origin

RIGHTS OVER THE TRADEMARKS AND GEOGRAPHICAL INDICATION

  • The decision of the Romanian Office for Inventions and Trademarks concerning the trademark matter may be appealed in a period of 3 months from the communication or from its publication.
  • The registration of the mark grants its owner an exclusive right over the trade mark. The owner of the mark may ask to the competent Court to prohibit the third parties to use its mark.
Any interested person may apply for the cancellation of a registered trademark anytime during the protection period.

NON USE CANCELLATION ACTION
The Romanian Trademark Law provides that a registered trademark may be cancelled on grounds of non-use. This legal provision will be able to apply only after 23 July 2003.





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