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Amendments to Trademark Laws

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Nov 17, 2022 (Newsletter Issue 16/22)
Romania
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New Implementing Regulations of Law on Trademarks and Geographical Indications


On 7 October 2022, the amendments to the Government Decision No. 1134/2010 on the approval of the Implementing Regulations of the Law on Trademarks and Geographical Indications entered into force. The main amendments are explained below.

Representation Before the Romanian IPO
The Power of Attorney (PoA) should now indicate the scope of the mandate, the date on which the power was granted, and its duration. For trademark applications or procedures that involve registered trademarks, the deadline for the subsequent filing of the PoA is extended to two months from the filing date; previously it was 30 days. In these cases, the new regulations clarify that in the absence of a PoA, the procedures, the proceeding will continue with the applicant or trademark owner.

Representation of Trademarks
Owners now have the possibility to upload audio or video files when filing an application for a sound, motion, hologram, or multimedia trademark.

Distinctiveness Acquired Through Use
Along with the trademark application, the applicant can now file a declaration stating that the trademark acquired distinctiveness through use and support the declaration with evidence.

Requirements for Filing Oppositions
The minimum requirement for filing a formal opposition is that the notice of opposition must include the following details on the prior right relied on: trademark registration number, filing date and, if applicable, registration date and priority date. The PoA can be filed within two months from filing the opposition.

Observation Procedure
The new regulations explicitly state that observations filed by third parties are communicated to the applicant, who is then granted 30 days to file a response during the examination proceedings.

Renewal Procedure
If a renewal request has deficiencies, the trademark owner is granted 30 days to remedy them; previously it was 3 months.

Recording of Assignments, Transfers, Licenses and Other Rights
Certified true copies of supporting documents are now sufficient to prove these changes. Previously, it was necessary to submit original documents or legalized copies.

Changes Concerning the Name/Address of Trademark Owner/Representative
Certified true copies of supporting documents are sufficient to prove these changes. The previous regulations did not contain any provisions concerning such formalities.

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Source: www.petosevic.com