Legal basis is the Law 84/1998 on Trademarks and Geographical Indications, as republished in the Official Gazette of Romania, part I, no. 350 of May 27, 2010, in virtue of Art. V of the Law 66/2010 for amending and completing the Trade Mark Law in 2010.Romania is a member of the Madrid Agreement and the Madrid Protocol.
Trademark registration classification:
Nice Classification
Requirements:
- Details of the trademark owner (name, address, registration number).
- Design of the trademark in JPEG format in case of a graphical trademark (not required for word mark).
- The list of goods and/or services for which the trademark will be registered.
- A non-legalized power of attorney is sufficient.
- If priority is claimed: The date, country of filing, and application or registration number of any basic foreign application from which priority is claimed.
Procedure:
- A trademark application has to be filed before the Patent Office by a local agent.
- If no objection by a 3rd party, a registration certificate will be issued .
- The application process includes a formal examination, an examination of distinctiveness. There is no official examination on relative grounds.
- Before registration the trademark application is published in the “Romanian Gazette for Industrial Property”.
- Oppositions may be filed against a trademark application by holders of earlier IP rights (whether registered or unregistered) within two months of publication of the application in the Official Journal.
- It takes approximately 8-12 months from first filing to registration
Duration and Renewal: A trademark registration is valid for 10 years from date of application.The registration is renewable for periods of 10 years.