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INDUSTRIAL DESIGNS - Ways to Register


Just as in the case of trademarks, the registration may cover one or more states, the ways of protection being chosen depending on the advantages of each separate procedure.

Thus, protection may be obtained through national, international or Community registrations.

 

NATIONAL DESIGNS


The national registration in Romania can be obtained by filing an application with the State Office for Inventions and Trademarks.

The request may come from any natural or legal person. The application must be submitted in Romanian, without being limited to a single design. Each application may contain up to 100 designs.

An industrial design can be registered only if it is new and has an individual character. It cannot be registered if it is determined solely by a technical function.

The procedure can be completed within 15 months, provided there are no notices of the State Office for Inventions and Trademarks or oppositions from third parties. 

The registration certificate is granted for a term of 10 years, subject to payment of official fees for maintaining it in force. Renewal may be requested for up to three successive terms of 5 years each.

During the validity of the design registration, the owner benefits from an exclusive right of exploitation, being able to prevent its use by a third party who does not have his authorisation.

INTERNATIONAL DESIGNS


The international registration is governed by the Hague Arrangement and requires an application filed with the International Office.

The publication of the application is made in a regular newsletter of the International Office, then sent to the national administrations.

A filing registered at the International Office produces the same effects in each of the designated States, only if all the formalities stipulated by national law have been fulfilled by the applicant and only if the administrative acts provided for this purpose were perfected by the administration of that State.

The filing may be renewed from 5 to 5 years. The term of protection is fixed in principle by the national legislations, but would not be less than 10 years in the case of the renewed filings and 5 years in case of non-renewal.

COMMUNITY DESIGNS


Any person or entity may apply for the registration of a Community design, by filing an application for registration with the European Office for Harmonization in the Internal Market.

The procedural steps are similar to those established by the national legislations of Member States. 

This kind of registration gives a strong and uniform protection throughout the European Union.

The registration certificate grants his holder an exclusive right to use the Community design, as well as the right to prohibit its use to any third party without his consent.

A registered Community design is valid for 5 years. Renewal can be requested for 4 successive terms of 5 years each.