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Ratza & Ratza
Bucharest, Romania (RO)

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Romania (RO)

Online you can see a limited part of information about this country.
More in-depth details are available for the following aspects:

     General Trademark Regulations
     Trademark Use Requirements
     Grace Period for Trademark Renewal
     Trademark Licensing

If you like to purchase all available information for this country, click the order button.
The total price is 49.00 EUR. A PDF-Download will be sent to you electronically.

Latest News: Jul 23, 2020 (Newsletter Issue 12/20)
New Trademark Law in Force
As of July 13, 2020, a new Trademark Law entered into force, implementing the EU Directive 2015/2436 of the European Parliament and of the Council of December 16, 2015. For the time being, the implementing regulations of the Trademark Law are still pending. They are expected to be published by mid-September 2020.

The main changes concern the registration proceedings, allowing for a clearer extent of protection in respect of the goods and services as well as changes in the registration and opposition proceedings, streamlining the procedure and granting a precise registration date for the trademark.

Some of the most important changes include:
- Elimination of graphical representation requirement
- Possibility to register non-traditional signs such as sounds, holograms, multimedia marks
- Adoption of the literal interpretation of class headings when interpreting the scope of protection
- Option to clarify the scope of protection for existing trademark registrations covering class headings until September 30, 2020.
- Changes to opposition proceedings by introducing a number of new procedural steps, amending the date from which the opposition term is calculated and implementing a cooling-off period
- Elimination of possibility to contest a trademark application directly before the Appeals Committee
- Extending and clarifying absolute grounds for refusal and introducing additional absolute grounds for refusal.
- Introduction of administrative invalidity and revocation proceedings at the Romanian PTO starting from January 14, 2023

For further information, please see the article of our Country Index Partner Ratza & Ratza here

Source: Ratza & Ratza, Romania


Feb 06, 2020 (Newsletter Issue 1/20)
E-Filing for Designs Improved
The State Office for Inventions and Trademarks (OSIM) has fully implemented the upgrade of its front office IT system, improving the e-filing for designs.

The new e-filing service allows users to submit design views in a digital format rather than on paper, which significantly simplifies the administrative processes and increases efficiency within OSIM.

The new service is able to process standardised, multiple and divisional design applications. It also provides user guidance through the sections, previous design applications as a template to import data, and improved fees details.


Source: www.euipo.europa.eu

Apr 04, 2019
IP Office Will Not Accept Merger Request of Intl. Registration
Romania has notified WIPO in accordance with new Rule 27ter(2)(b) of the Common Regulations under the Madrid Agreement Concerning the International Registration of Marks and the Protocol Relating to that Agreement (the Common Regulations), which entered into force on February 1, 2019.

In the said notification, the IP Office has declared that its law does not provide for the merger of registrations of a mark and that, as a result, its Office will not present to the International Bureau of WIPO requests for the merger of international registrations resulting from division under new Rule 27ter(2)(a).

For further information, please click here


Source: www.wipo.int

Apr 11, 2018 (Newsletter Issue 7/18)
New Trademark Law Drafted
On January 12, 2018, the Romanian PTO published the first draft of the new trademark law, aimed at transposing the Directive (EU) 2015/2436 into national legislation. The most important changes are listed below.

Absolute Grounds for Refusal or Invalidity
The draft law extends the absolute grounds for trademark refusal or invalidity by adding the words “or another characteristic” to the relevant article in the law, meaning that now the restrictions apply not only to shape signs but to other types of signs as well. Namely, according to the draft law, signs can be refused if they consist exclusively of the shape, or another characteristic, which (i) results from the nature of the goods themselves, (ii) is necessary to obtain a technical result, or (iii) gives substantial value to the goods.

Earlier Rights
The draft law widens the scope of earlier rights to include traditional terms, guaranteed traditional specialties and plant variety rights, along with the already covered designations of origin and geographical indications.

Trademark Infringement
The draft law broadens the concept of trademark infringement by establishing additional uses of a similar or identical sign that may be prohibited by the trademark owner and are not specified in the current trademark law, namely:
- Use of a sign as a company name or as part of a company name (however, the draft law does not clarify, like Directive (EU) 2015/2436 does, that in order to be prohibited, such use has to be made for the purposes of distinguishing goods or services);
- Use of a sign in comparative advertising in a way contrary to the provisions of the Misleading and Comparative Advertising Act No. 158/2008; and
- Use of a sign on packaging, labels, tags, security or authenticity features or devices, and placing these on the market.

Further changes concern the goods in transit and the revocation and declaration of invalidity.

For more information, please see here


Mrz 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


Sep 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


Dez 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


Sep 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


Mai 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, modified and completed by the Law no. 112/2020 published in the Official Gazette of Romania, part I, no. 603 of July 09, 2020.
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 signs such as words including names, or drawings, letters, numerals, devices, the shape of a product or its packaging or sounds, provided that these signs are capable to:
a) to distinguish the goods or services of one enterprise from those of other enterprises
b) to be represented in the Trademark Register in a manner allowing the competent authorities and the public to determine with clarity and precision the subject matter of the protection afforded to its proprietor.

The following trademark types are registrable: trademarks, service marks, collective marks, certification marks.
The application is filed with the State Office for Inventions and Trademarks.
Multiple-class applications are possible. Using general terms or general indications included in the class headings of Nice Classification shall be interpreted as including all goods or services covered by the literal meaning of the indication or term.
Foreign applicants only need a local agent if the foreign person is not from the EU or the European Economic Area, except for the trademark application filing. Foreigners from the EU or EEA can act before the State Office of Invention and Trademarks directly only for filing of a trademark application which must be in Romanian language.
A non-legalized power of attorney is sufficient but it must be filed in original.
Foreign applicants do not need a domestic registration.
The application process includes a formal examination and an examination on absolute grounds of refusal. 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. 10 to 15 months, if no office actions are issued and/or oppositions are filed.
An application admitted to registration for which the registration procedure was concluded is recorded in the Trade Mark Registry and the registration certificate is issued, subject to payment of the official fees.
The registration procedure shall be deemed completed on the date when the trade mark application admitted to registration may no longer be the subject of an opposition or, if an opposition has been filed, on the date on which the opposition decision became final or the opposition has been withdrawn.
Registered trademarks are published in the Official Bulletin for Industrial Property.
Failing the payment, it will be considered that the applicant has renounced the registration of the trademark. The renouncement is recorded in the Trade Mark Register and published in the Official Bulletin for Industrial Property.
National:
The opposition period is 2 months as of the date of publication of the trademark application admittance.
The State of Invention and Trademarks will grant a two month period of cooling-off for trying to reach an amicable settlement. On joint request of the opposing parties, this period can be extended for a new period which cannot exceed three months.
At the request of the applicant, the proprietor of the earlier trademark will file evidence attesting the use of the earlier trade mark during a period of 5 years preceding the application date or the priority application date or proper reasons for non-use. If the earlier trademark is a European Union trademark, the effective use of it will be established according to art. 18 of European Union Trademark Regulation.
The opposition will be rejected if no evidence of use is filed.

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.
Practical details on grace periods for trademark renewals are available in our publication here
Practical details on trademark use requirements are available in our publication 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 for word marks, EUR 180 for black and white device marks and EUR 330 for colored marks. For each additional class, the fee is EUR 50. The fee for publication of the registration and for certificate issue is EUR 50.

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Practical details on trademark licensing are available in our publication here
SMD Group thanks the following law firms for their assictance in updating the information provided.

Jul 20, 2020
Ratza & Ratza, Bucharest, Romania  



Ratza & Ratza



Andrew Ratza

Andrew Ratza
52-54, A.I. Cuza Blvd.
011056 Bucharest
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