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Bucharest 1, Romania (RO)

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Romania (RO)

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03-31-2015 (Newsletter Issue 5/15)
Increase of Fees Suspended
Law no. 31/2015 for suspension of the provisions of art. 4 of Government Ordinance no. 41/1998 on the protection of industrial property fees and the use thereof was published in Official Gazette of Romania, Part 1, no. 169 dated March 11, 2015.

The normative act suspends, until the 31th of December 2016, the appliance of the provisions of the Government Ordinance no 41/1998 on upgrading the official fees in lei owed by natural and legal persons in the field of industrial property protection.

Nicolae Muresan, Andra Musatescu Law & Industrial Property Offices, Bucharest


09-02-2014 (Newsletter Issue 13/14)
Expedited Examination of Trademark Applications Cancelled
The expedited examination of national trademark applications and the corresponding official fee were abrogated on 26 May 2014.

The standard examination timeframe is six months from the date the application is published for opposition and observation purposes. The timeframe for expedited examination was three months from the mentioned publication date.

Source: www.petosevic.com


12-03-2013 (Newsletter Issue 17/13)
E-Filing Soon
The Romanian PTO is planning to introduce electronic filing of trademark applications via its website by the end of 2013 or in early 2014. The electronic filing system for designs is expected to follow in 2014.

The PTO also improves its online databases and search tools in order to enable better, easier access to trademark and design registrations databases.

Source: www.petosevic.com


09-02-2012 (Newsletter Issue 13/12)
New Instructions for Examinations
Romania’s PTO has issued new instructions for the examination of trademarks and geographical indications, in effect as of August 1, 2012.
The new instructions aim to optimize the workflow within the PTO and ensure a fast and efficient examination procedure.

Some of the changes are:
- All requests concerning new trademark and GI applications or existing registrations are to be processed immediately upon receipt.
- With regard to trademarks, the PTO will conduct an examination as to relative grounds for refusal (search for prior identical or confusingly similar trademarks). However, it is still unclear, whether earlier rights could be cited to refuse a trademark on the basis that it does not meet the general conditions for registration set forth in the law. Clarifications from the PTO regarding this are expected shortly.
- PTO provisions on the examination of trademarks will closely follow OHIM’s examination manual.
- PTO will analyze oppositions and/or observations requests without taking into consideration whether the examination fees for the application against which the opposition is filed, are paid.
- Expedite examination of trademarks must be requested when filing the application form. The fee for expedite examintation must be paid when filing the trademark application.
- In case of multiple oppositions they are analyzed and decided upon in chronological order.
- Minor changes will be made to the trademark application form.

For further information please also check the article of Ms Aura Campeanu here

Source: www.petosevic.com


05-03-2010 (Newsletter Issue 10/10)
New IP Laws Effective
The Law 66/2010 amended the current Romanian Law on Trademarks and Geographical Indications and entered into force in Romania on May 09, 2010. The new law introduces important changes in terminology, improved registration procedure for national applications, and it ensures the existence of a legal framework for the prosecution of European Union community trademarks.

For more information please click here


Source: www.petosevic.com

Legal basis is the Law 84/1998 on Trademarks and Geographical Indications, as republished in the Official Gazette of Romania, part I, no. 337 of May 27, 2010, in virtue of Art. V of the Law 66/2010 for amending and completing the Trade Mark Law in 2010.
Romania is a member of the Madrid Agreement and the Madrid Protocol.
Trademark protection is obtained by registration. It can also be acquired by wide public recognition (well-known trade marks).
Nice classification, 11th edition
Trademarks may consist of any distinctive signs capable of graphic representation such as words including names, drawings, letters, numerals, devices, holograms, colours per se or combination thereof, three-dimensional shapes, and in particular the shape of aproduct or its packaging, acoustical sounds or any combination of the listed above provided that such signs are capable of distinguishing the goods or services of one enterprise from those of other enterprises.
The following trademark types are registrable: trade marks, service marks, collective marks, certification marks.
The application is filed with the State Office for Inventions and Trademarks.
Multiple-class applications are possible.
Foreign applicants only need a local agent if the foreign person is not from the EU or the European Economic Area. Foreigners from the EU or EEA can act before the Romanian Patent Office directly only for filing of a trademark application which must be in Romanian language.
A non-legalised power of attorney is sufficient but it must be sent in original.
Foreign applicants do not need a domestic registration.
The application process includes a formal examination and an examination of distinctiveness (absolute grounds). There is no examination on relative grounds according to the trademark law.
The processing time from first filing to registration or first office action is of approx. 6 to 12 months, if no office actions are issued and / or oppositions are filed.
Applications for which a decision of grant is made are recorded in the Registered Trade Mark Registry, subject to payment of the official fees for publication and certificate issue. Registered trademarks are published in the Official Bulletin for Industrial Property - Trade Mark section for appeal purposes.
National:
The opposition period is 2 months as of the date of publication of the application.

Details regarding the Opposition Period against designation of IR Mark are available in our publication on this topic here
A trademark registration is valid for 10 years from date of application.
The registration is renewable for periods of 10 years.
"The request for renewal of a registration may be made before expiry of the current term of protection, but not earlier than 3 months prior to expiry of that term. (...) The fee for the renewal of a registration shall be due on the date of the request for renewal; the fee may be paid within 6 months following the expiry date of the current term of protection, on payment of the prescribed additional fee".
This national law provisions are completed with the provisions of Singapore treaty Art 13(1)(c) and Regulation of Implementing Singapore Treaty Rule 8, according that the renewal could be asked 6 months from expiration date with payment of official fee.


Further practical details are available in our publication on this topic here
If the trademark has not been used within a continuous period of 5 years from registration or during a continuous period of 5 years any time during the life of the registration, it may become subject to cancellation.

Further practical details are available in our publication on this topic here
The official fee (including the official fees for publication of the new tm application for opposition purposes) for the first class is EUR 150.00 for word marks, EUR 180.00 for black and white device marks and EUR 330.00 for colored marks. For each additional class, the fee is EUR 50.00. The fee for publication of the registration and for certificate issue is EUR 50.00.

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Practical details on licensing procedures, requirements and effectiveness are available in our publication on this topic here.
Search type First class Add. class
Word Mark Search (availability) 200,00 € 50,00 € 
Word Mark Search (identical) 90,00 € 0,00 € 

The Prices above are SMD Group Search Fees
Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Country Survey
03-27-2017
Ratza & Ratza, Bucharest 1, Romania  

03-22-2016
Ratza & Ratza, Bucharest 1, Romania  

11-28-2014
Ratza & Ratza, Bucharest 1, Romania  

11-28-2013
Ratza & Ratza, Bucharest 1, Romania  
Rominvent S.A., Bucharest, Romania

09-03-2012
PETOŠEVIC, Bucharest , Romania

04-10-2012
Rominvent S.A., Bucharest, Romania

10-04-2010
Rominvent S.A., Bucharest, Romania



Ratza & Ratza



Andrew Ratza

Andrew Ratza
52-54, A.I. Cuza Blvd.
011056 Bucharest 1
Romania (RO)
Tel +40 21 260 1348
Fax +40 21 260 1349
avr@ratza-ratza.com
www.ratza-ratza.com

Ratza & ratza is one of the leading IP firms in Romania, with extensive practice covering Trademarks, Patents, Industrial Designs, Copyrights, Domain Names, related Licensing, Litigation and Enforcement, providing representation before the Patent and Trademark Offices as well as the competent Courts of Law and Authorities in Romania and the European Union, for national and international clients.

Ratza & ratza and its people are members of INTA, ECTA, MAQUES, AIPPI, PTMG, ITMA, IPO, the Romanian Chamber of Industrial Property Attorneys and the Bucharest Bar Association.

State Office for Inventions and Trade Marks (OSIM)
5 Ion Ghica Street
Sector 3
030044 Bucharest
Romania
Tel +40 21 306 08 00
Fax +40 21 31 23 81 9
Mail office@osim.ro
www.osim.ro

European Union Intellectual Property Office (EUIPO)
Avenida de Europa, 4
03008 Alicante
Spain
Tel +34 965 139 100
Fax +34 965 131 344
Mail information@euipo.europa.eu
www.euipo.europa.eu


World Intellectual Property Organization (WIPO)
34, Chemin des Colombettes
1211 Geneva 20
Switzerland
Tel +41 22 33 89 11 1
Fax +41 22 73 35 42 8
www.wipo.int