Why and how to register a trademark in Romania

In Romania, trademark registration is mandatory to be granted rights over a trademark, as it is a "first to file" jurisdiction.

To obtain trademark protection in Romania, one can register either locally via the Romanian State Office for Inventions and Trademarks (OSIM), or regionally by filing a European Union Trademarks (EUTM) which grants protection in the whole European Union.

Romania is also a member state to the Madrid Protocol. Thus, the extension of an international registration of a trademark via the Madrid System is possible for this country. For further information regarding our services for trademark filing through the Madrid System click here.

If you register a combined trademark (which includes both word elements and figurative elements) in Romania, the exclusive right to use the trademark is limited to a use of the trademark in the exact configuration or way in which it was filed and registered. If you wish to use the word element of your trademark separately from the logo (or vice versa), it is recommended you register for another trademark including only the word or figurative elements you wish to use and protect separately.

Nevertheless, if a third party eventually intends to register or use a trademark for similar goods or services that includes a primary or distinct part or portion of your trademark, you will have the right to oppose the application based on confusing similarity. 

Opposition actions may be filed by third parties against a trademark application within a period of two (2) months following its publication. The probabilities of success for an opposition will vary in each case depending on the circumstances.

It is not necessary for a trademark to be in use in Romania in order for it to register. However, it must not go unused for periods of more than five (5) years or it will become vulnerable to cancelation actions for lack of use. The amount of use necessary to avoid this is minimal.

In Romania, registered trademarks have a validity of ten (10) years from the application date. They can then be renewed indefinitely for successive periods of ten years. The trademark renewal may be requested within the three (3) months preceding the expiration date. 

If you would like for the figurative or design elements of your trademark to be considered when assessing your trademark for registration in Romania (Trademark Assessment Report), contact us directly in order to determine if we may be able to offer this in this jurisdiction. In such cases, prices for service and estimated delivery times may vary.

 

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