Companies that register their brand protect the uniqueness of their business concept.
Our Romanian lawyers outline below the main requirements for trademark registration in Romania.
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What are the steps to follow when registering a trademark in Romania?
When you register the trademark, your company acquires exclusive rights to use the mark, forbidding the competing companies to merchandise identical or similar products or to carry out services under the same brand or under a similar brand with the purpose of confusing the consumers.
The trademark is a susceptible sign of graphic representation, which allows the consumer to differentiate between identical or similar products, and makes it clear for the buyer that the identical or similar products do not come from the same company.
Our lawyers in Romania remind investors that brand/trademark uniqueness is very important for the business and that is can only be secured through the proper registration.
| Quick Facts | |
|---|---|
| Types of trademarks |
Written, figurative, combined, 3D |
|
Multiple class application |
Yes |
|
Pre-application trademark availability verification |
Optional, requested from the OSIM specialty commission |
| Language of the trademark application |
Romanian when submitted to OSIM |
| Minimum filing requirements | Filled in application form, proof of tax payment, mark representation in the agreed format |
| Mandatory trademark representation |
Yes, submitted with the application file |
| Trademark registration fee in Romania |
€10 (RON 49) submission application |
| Time needed to complete the trademark registration in Romania (approx.) | 6 months |
| Trademark application through local representative | Yes. Our team can act on your behalf for trademark registration in Romania |
| Power of attorney requirements | Mandatory when the application is made through an appointed representative |
| Opposition period | 2 months |
| Trademark validity | 10 years |
| Trademark renewal conditions |
Renewal application form, renewal tax payment |
| Conditions to revoke the trademark in Romania | If the mark is declared null, in case of forfeiture of rights or when the trademark registration is cancelled |
| Assistance for trademark registration in Romania |
Our team assists local and foreign individuals who wish to register a trademark within Romania |
Trademark registration in Romania is subject to a number of conditions and most entrepreneurs find it very useful to enlist the services of a professional who is well aware of the process.
The verbal elements that compose the mark must be easy to pronounce and apprehend, it must be easy to represent, it should be visually attractive and it needs to differ from other identical or similar trademarks that have already been registered. This is why it is advisable to seek proper assistance during the process, such as the aid provided by our Romanian attorneys.
We can assist you through the entire process of trademark registration in Romania.
Our lawyers in Romania can help you register a trademark and also open a new company in this country, for example opening a micro company in Romania.
Our lawyers can help you register a brand and also open a new company in this country, for example opening a micro company in Romania.
What are the types of trademarks that can be registered?
The following types of trademarks can be registered in Romania:
- The verbal brand – a denomination, a slogan, written with standard characters;
- The figurative brand – a graphic element that does not contain letters or numbers;
- The combined brand – a written denomination with special graphics and /or in colors or a denomination accompanied by a graphic element;
- The tridimensional brand – the trademark consists of the form of the product or of the package or any other tridimensional specific sign which allows the identification of a product or service.
Regardless of the form of the trademark that is submitted for protection, the applicant will need to provide a comprehensive representation of the chosen element or group of elements.
If you have questions about preparing the brand/the trademark for registration, please seek legal aid from the experts at our Romanian law firm.
What is the level of protection for the trademark?
Trademarks can be protected:
- on a national level – your company will acquire protection over the right over the brand only on the territory of the country in which the registration is made; the petition for brand registration is submitted to the State Office for Inventions and Trademarks (OSIM) for the registration of the brand in Romania or at the specialized Offices in other countries in which your company carries out its activity;
- on the community level – the right over the brand is protected in all the countries members of the European Union; the petition for brand registration is submitted to the Office for Harmonization of Internal Market (OHIM/OAPI);
- on an international level – the right over the brand is protected in the countries mentioned in the registration petition according to the Agreement or Protocol in Madrid; the brand registration petition is submitted at the World Intellectual Property Organization (WIPO/OMPI).
In order to obtain trademarks in Romania and to fully benefit from the rights granted by this registration, business owners need to follow a number of steps. These are presented below by our Romanian lawyers:
- The verification of the denomination and/or of the graphic element in the structure of the mark so no problems within its registration procedure might exist;
- The registration step: our Romanian lawyers can assist during the submission phase when the application for registration is effectively submitted to the local authorities;
- The protection of the industrial property right: initiating oppositions upon the registration by third parties of identical or similar brands for the same products or for similar products; initiating actions in unfair competition cases, criminal complaints for the committing of the copyright infringement;
- Renewal: our team can also help you follow the mandatory steps for the renewal of the brand in due time.
Irrespective of the chosen registration method (national, community, or international level), the brand is protected starting with the registration application’s submission date, except for priority submissions (priority is determined by having a previous stock in another country or the priority for exhibition).
Additional information about trademark protection in Romania
The trademark registration application can be submitted individually or jointly, and it can also be submitted through an agent when the person interested in obtaining the said protection cannot be present in Romania.
In those situations, in which the trademark registration application is submitted through an appointed party, our lawyers in Romania can act on your behalf and in your best interest, based on power or attorney that is concluded specifically for handling all and any necessary steps for trademark registration in Romania.
A distinction is made between individual and collective marks, in the following manner:
- Individual mark: it is a trademark intended for the use of a single party for which the applicant is a legal or natural person (one or more such persons);
- Collective mark: at the time of the application, the trademark is intended for use in order to distinguish the good and services of the members of an association who is the one holding the rights to the mark and the goods and services, on behalf of other corporations.
The use of a collective mark is possible when there is a specific regulation that stipulates the conditions under which the trademark will be used (and the persons who will use it).
In addition to submitting a proper representation of the mark to be registered, along with the other required documents, the applicant will also be asked to pay a tax, according to the type of submission.
The following taxes are imposed by the State Office for Inventions and Trademarks:
- Submitting a request for registering and certifying an individual/collective mark: €10;
- The examination of an individual trademark registration application (monochrome): €110;
- The examination of an individual trademark registration application (color): €190;
- The examination of an individual trademark registration application for each additional class: €50;
- Individual trademark renewal: €120 for a monochrome mark and €200 for a color mark.
Please keep in mind that these taxes were valid at the time this article was updated and that they were last updated by the authorities in October 2021. They can be subject to change.
The protection of designs and inventions in Romania
Local and foreign investors can also be interested in registering (and thus protecting) patents, designs or inventions.
In Romania, their protection is ensured by the same authority as the one that handled trademark registrations, the State Office for Inventions and Trademarks (OSIM).
Designs understood as drawings and models can be registered as long as they comply with the definition for acceptable registrations. A design or model must represent the external appearance of a product, or part thereof. It can be 2D or 3D and it is composed of lines, colors, shapes, textures of materials for the product and/or its ornamentation. A design or model with a function that is exclusively technical cannot be registered.
The patent is granted by OSIM for an invention that serves as an object, product, or service in any technological field, provided that it is indeed inventive and that it can be susceptible to industrial application. Technical documentation and research documents are provided with the application for the registration of an invention.
Our team can also give you details about the conditions to register utility models.
The taxes applicable for the registration of inventions or utility models are different from those imposed for trademark registration in Romania.
Please do not let any legal matters stand in the way of opening or expanding your business. Our lawyers in Romania are here to help and make the incorporation process of a branch hassle-free. Call us now for a free consultation!
Our law firm in Romania offers complete services to local and foreign clients who wish to open a company. These include incorporation and also trademark registration in Romania, among others.