If you want your name, slogan or logo to be recognized nationally, you must register with OSIM (State Office for Inventions and Trademarks). The registration procedure for a brand at a European level is similar to the one at national level, but with higher costs because it is not done on Romanian territory. In the case of a national trademark registration, the law 84/1998 clearly defines the mark as follows: a graphic representation sign with the role of distinguishing the products / services of a legal or physical entity from those of other persons. Can become trademarks:
- Words (including names of people)
- Figurative elements
- Form of product / packaging
- Color combinations
- Three-dimensional shapes
- Any combination of the above
Types of brands, depending on their graphic representation:
- Figurative - Drawing (graphical element) without numbers or letters
- Verbal - name, slogan (written in standard characters)
- Three-dimensional - the shape of the product / packaging or other three-dimensional sign that allows the identification of a service or product
- Combined - written designation with special graphics (in color) or a name + a drawing (graphic element)
The validity of a trademark, once registered, is 10 years and can be renewed for the same period in order to protect some symbols, words or drawings that individualize certain services or products. The protection of trademarks registered with OSIM extends throughout Romania, for the protection on the territory of the European Union, it is necessary to register at European level.
Registration process with OSIM
The registration may be requested individually or jointly with a person (directly or through a trustee) in accordance with the law, but if the person requesting the registration does not have his seat or domicile in Romania, representative representation is required. The necessary documents are:
- National trademark application - explicit request, applicant identification data or representative, clear graphic representation of the trademark, list of services and products for which it is registered, proof of payment of the fee for submission and publication of the application. The document must be filled in electronically (online on the institution's website or by downloading the PDF file to be submitted in two copies to the OSIM registry)
The related fees must be paid previously if the application is completed online or directly at the OSIM registry in case of PDF download and subsequent filing. The application fee is 44 lei, the publishing fee is 132 lei for black and white or 441 lei for color marks.
Clearance fees for the trademark will be decided by OSIM's Trademark Department by paying 132 MDL if the applicant is not sure where it falls under the International Classification of Marks in Nice.
At European level
European trademark registration is also on the EUIPO page, also through an online form where the applicant's data, the brand name and graphic representation of the brand and the products / services for which the trademark registration is required must be filled in. Required documents are sent by post to EUIPO - Spain, Alicante, str Avenida de Europa no 4, and the fees applied are around 850 euros for a basic class.