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TRADEMARKS - Ways to Register

There are different registration procedures, so that the scope of protection can be adapted to the needs of each trader.

Thus, a mark can be registered nationally, internationally or at Community level.
 

NATIONAL TRADEMARKS

A trademark can be registered nationally in Romania by initiating a proceeding before the State Office for Inventions and Trademarks.

The application for registration may be submitted by a natural person, a legal person or the members of an association.

Each application is limited to one mark, which can be affixed to one or more products and / or services.

The mark may be registered in a word version, a figurative version or in a combined presentation of the two. Three-dimensional representations are also admitted. From the chromatic point of view, the mark may be black and white or colored.

It must be distinctive in relation to the products and / or services to which it is intended and give the public a true picture of the origin, nature and quality of the products and / or services.

The registration certificate may be obtained in maximum 12 months, in the case of the marks for which there is no opposition during the registration procedure. Each notice or opposition extends that term.

A trademark registered with the State Office for Inventions and Trademarks is valid for 10 years from the filing date. It may be renewed at the end of each term of 10 years, without any limitation concerning the number of renewals.

Such a certificate gives its owner an exclusive right of exploitation in Romania, and implicitly the right to use all legal means to defend it.

INTERNATIONAL TRADEMARKS

The international registration operates on the basis of an application filed with the World Industrial Property Organization and targets countries that are part of the Madrid Arrangement and / or Protocol. Such a mark may be registered only on condition that it enjoys protection in the home state, either by effective recording, or by filing an application for registration, depending on the affiliation of each state. 

The application for registration may be addressed to all Member States or only to those that are of interest to the applicant.

The international registration procedure requires a longer interval of time than that mentioned in the case of the national registration in Romania. 

The validity of an international trademark is of 10 years from the date of its registration and may be renewed for an unlimited number of times.

By this registration, the owner benefits from all the rights granted by the trademarks legislation from the States in which protection was obtained.

COMMUNITY TRADEMARKS

The Community trademark is a recognition of the protection obtained by registration with the European Office for Harmonization in the Internal Market.

The application for registration is addressed to all EU member countries.

The procedure requires completion of steps similar to those covered by the national registrations of the Member States.

The initial protection granted for a Community trademark is 10 years from the date of registration, which term can be extended successively with 10 years, for an unlimited number of times.

Once registered, the Community trademark shall have effect in all Member States, granting its owner protection before any unauthorized reproduction.