Romania
Fees for registering Romania trademarks
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Additional class：
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Renewal:
Service Process
Trademark registration time
The current trademark regulations in Romania are mainly based on the Trademark and Geographical Indication Law No. 84/1998, published on September 18, 2020. The National Office for Inventions and Trademarks is responsible for managing trademark affairs, and the official language is Romanian. Trademark exclusive rights need to be obtained through registration. Trademark registration is not mandatory, but in order to protect the trademark or renew it, it must be registered in accordance with the law. Romanian trademark registration adopts the principle of "application first", but for well-known trademarks, trademark rights can also be claimed based on "prior use".
Romania is a signatory to international intellectual property treaties such as the Nairobi Treaty, Trademark Law Treaty, Nice Agreement, Paris Convention, Convention Establishing the World Intellectual Property Organization, Singapore Treaty, Vienna Agreement, etc. It is also a member of the European Union and a member of the Madrid Agreement and Madrid Protocol. Therefore, trademark registration can be processed through "single country registration", "EU registration" or "Madrid International Registration".
Trademark Registration Process
At present, the Romanian National Office for Inventions and Trademarks adopts the Nice Classification 11th edition for the description of goods and services and accepts applications for multiple categories in one form. The elements that can be registered as trademarks in Romania include: text, letters, numbers, graphics, three-dimensional logos, color combinations, etc.
If the applicant does not reside in Romania, they must entrust a specialized agent in their local area to handle the matter. The basic materials required for trademark application are:
1. Trademark design;
2. Specific categories and product/service items;
3. Name and address of the applicant;
4. Power of attorney;
5.If priority is declared, priority proof documents and corresponding Romanian language translations must be provided.
The main process for applying for registration of a Romanian trademark is: application acceptance formal examination announcement (2 months) substantive examination announcement (2 months, relative reasons for objection) approval and issuance of certificates. The application will be accepted approximately one week after submission.
If the review fails, a correction notice will be issued and the applicant will be required to respond within the prescribed time limit; Those who pass the review will be arranged for announcement. The announcement period is 2 months, during which anyone may file a third-party examination opinion based on the absolute reason for refusal of registration under Article 5 of the Trademark and Geographical Indication. Afterwards, the trademark will enter the substantive examination stage, which includes examination of the distinctiveness of the trademark, whether it violates the prohibition and prohibition clauses, and third-party examination opinions raised in the previous stage of examination. If the review fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice. If the examination is approved, it will be announced for a period of 2 months. During this period, any interested party or prior rights holder may raise objections based on the relative reasons in Article 6 of the Trademark and Geographical Indication. If there are no objections or the objections are unsuccessful during the announcement period, the trademark will be approved for registration. The main reasons for raising objections are:
1. The trademark lacks distinctiveness;
2. Trademarks are descriptive;
3. The trademark is misleading;
4. Trademarks violate public order or moral standards;
5. Conflict with prior trademarks, such as owning a prior registered trademark;
6. Conflict with other prior rights, such as design, copyright, personal name, etc.
In a smooth situation, trademark registration in Romania takes about 12 months; If there are any objections or rejections encountered during the process, the time will be extended.
Trademark registration materials
The Romanian trademark is valid for 10 years after registration, starting from the date of application; Renewal can be processed within 6 months before the expiration date, with a grace period of 6 months; The renewal is valid for 10 years.
The invalidation or revocation application after trademark registration can generally be filed in accordance with the following provisions of the Trademark and Geographical Indication Act:
1. Absolute reasons for non-compliance with trademark registration (such as lack of distinctiveness, misleading nature, etc.);
2. Conflict with prior trademark rights;
3. Without justifiable reasons, the trademark has not been actually used in the country for five consecutive years after registration;
4. Malicious registration.
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