TRADEMARK REGISTRATION PROCEDURE IN ROMANIA

How long it takes?

The trademark registration procedure in Romania extends over a relatively short time period as compared with the similar procedure in other countries, namely between 9 and 12 months as counted from the date of filing the application with the Romanian PTO; however, said period may be larger for those trademarks facing with notifications from the Office or third parties' oppositions.

Which are the steps?

The procedure starts with filing the application for registration with the Romanian PTO.

The first step consists of a preliminary examination to establish the compliance with the formal requirements provided by the law, ending in approximately one month from the date of filing with the recordal of the trademark in the National Registry of filed trademarks and the establishment of the national regular filing.

The second step consists of the full examination of the application and extends over about 9 months from the date of filing. When the trademark does not comply with the law requirements for registration, the examiner of the Office issues a notification of provisional refusal, granting an official deadline of 3 months for filing a written reply with arguments to sustain the registration. Following the examination of the written reply, the examiner may decide either the allowance to registration, totally or partially, or the rejection of the application.

What is the purpose?

Provided that the trademark complies with the law requirements for registration, the examiner issues the notice of allowance and the trademark is published in the Official Bulletin of Industrial Property, the advertisement being made within 2 months as counted from the date of the notice the allowance, such as any interested third party who owns a similar right may exercise its legal right to oppose the registration.

Opposition proceedings

When no oppositions to the registration of the subject trademark are filed within the official deadline, the trademark is recorded in the National Trademark Registry and the corresponding certificate of registration is issued, upon the payment of the corresponding official fees;

When an opposition is filed by a third party, the applicant is notified about the opposition, being granted an official deadline of 3 months for filing a written reply; following the examination of the grounds submitted by the opponent and the applicant, the Opposition Board may decide either to maintain, totally or partially, the decision of allowance, or to reject the trademark application.

Appeal proceedings

Any administrative decision adopted by RO PTO with respect to the partial registration or rejection of a trademark application may be appealed by the applicant, within 3 months from the date of communication; following the hearings before the Board of Appeals within RO PTO, the final decision may be either to maintain, totally or partially, or even to revoke the said decision. The appeal proceedings consist of two steps: lodging the written appeal and sustaining the arguments before the Board of Appeals.

What is the role of Intellexis within the entire proceedings?

Based on the mandate granted by our clients, we ensure their representation before the Romanian PTO within the above described procedure. We draft the documentation and file the application with RO PTO, providing assistance in choosing the features of the trademark which to insure the widest protection. We draft and file competent replies to the notifications issued by the Office or oppositions filed by third parties; we draft, lodge and sustain appeals against final decisions issued by the Office, we apply for the recordal of changes in the National Registry, etc. In short, we fulfill all the legal proceedings before the Office and provide permanent information to the client with respect to the status of the in progress proceedings.

Post-registration proceedings

Subsequently to the date of filing the application for registration of a trademark, its applicant or holder may no longer apply for any changes with respect to the shape, only changes which do not alter the overall features of the trademark are allowed, or changes which do not affect the extent of protection that would be initially envisaged. Such changes may refer to the name and /or address of the applicant or holder, or may refer to the transfer of the rights or the renunciation to a part of the goods or services for which protection was claimed. Therefore, any change of the initial trademark after being filed for registration must have at the most a restrictive character.

Conducting a full trademark availability search

In order to insure that the trademark for which protection is sought has not been previously registered as such or in a similar form by other persons, it is advisable that a preliminary search is conducted before filing the application with the Romanian PTO. Such preliminary search is conducted through the national, Community and international trademarks and reveals all the similar or identical earlier rights.