|
|
Trademark Registration Procedure in Romania
- Trademark
Search - preliminary search – is not compulsory in Romania, but
advisable to conduct by a specialized attorney. Previously to applying for a tradetrademark registration it is recommended the running of a previousness check-up, in order to anticipate and avoid the possible complications regarding the registration procedure of a new trademark.The trademark search is not compulsory either for the solicitant or for the OSIM (State Office for Inventions and Trademarks). In the examination of novelty, OSIM will pay attention to the possible appliances and/or registered trademarks in a national way in Romania and to the possible registered appliances in an international way and through which, Romania was designated for registration.Also the trademark should not be identical or similar to previous copyrights and previously registered commercial names.
- Trademark registration request – may be
filed with payment of an initial low tax, this reserving the priority date.
This is very useful for those who meanwhile conduct a trademark search, to know
if registration procedure has chances of being finalized, in order not to pay
the main trademark registration expenses.
- Trademark examination
and publication – is being done upon full payment of the procedure
expenses. If the examination does not reveal any prior similar and/or identical
trademarks, the publication of the trademark will be done in the Official
Gazette. If in the next 3 months after the publication there will be not done
any Oppositions by the third parties, the trademark will be registered.
- Issuance of
the Trademark registration certificate.
- If in the 3rd stage mentioned above will
be revealed prior similar and/or identical trademarks or the registration
request does not fulfill all the requirement of the law on the grounds or on
the procedure conditions, a Provisional
refusal will be issued. In 3 months there should be filed an answer to this
provisional refusal. If the argumentation convinces the examination, the
trademark certificate will be issued.
- If the argumentation
mentioned in the point no. 5 above does not convinces the examination, the
trademark Final refusal will be
issued.
- The Final refusal may be contested in Romanian
Courts, in the Bucharest Tribunal, in Intellectual Property court, being
judged, upon appellation of the court decision in 3 degrees of jurisdiction, out of which 2 are judging the grounds
of the case and the last of it, the recourse is examining the legality of the
appeal decision.
THE REGISTRATION COSTS - The registration costs were last time substantially changed through the Law no. 381/2005 for the modification and completion of the Government’s Order no. 41/1998 regarding the taxes of industrial ownership and its use, that came into force on the 7th of January, 2006.
- Now, the registration cost for a tradetrademark without graphical design, for 2 classes (ussually, together with the main class the tradetrademark has to be registered also in class 35, which is sell and publicity of the product/service) the cost is of 792 RON for Romanian citisen –natural and legal persons and of 220 EUR for foreign persons, natural or legal persons.
- For the registration of a combined and colored tradetrademark (a trade trademark that consists both of words and graphic elements – fonts, drawings, colors), for 2 classes the cost is of 1188 RON for Romanian persons, natural and legal persons, and of 330 EUR for foreign citizen, natural or legal persons.
|
News All news
Newsletter
Newsletter list |
