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Romania Trademark Registration 

In order to obtain trademark protection in Romania you can register your trademark in two ways: First option is that you request registration in the entire European Union with one single application; this can be done via the European Union Trademark which grants trademark protection in the 28 country members of the EU (more info here). Second option is that you register directly your trademark in Romania. If you want to proceed this way please follow the steps described below.

 
Attorneys - Romania
 
Welcome:

My name is Violeta Teodoru and I'm the representative Attorney in Romania.

I'll be personally in charge of your trademark registration process.
 
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A trademark attorney will process your trademark registration in Romania through the following steps:

 
Trademark Comprehensive Study   Step 1. Trademark Comprehensive Study:
A trademark search report with attorney's analysis and opinion about registration probabilities.
Step 1 Prices
 

 
Trademark Registration Request   Step 2. Trademark Registration Request:
A trademark attorney will file and process your trademark application before the Trademark Office.
Step 2 Prices
 

 
Trademark Registration Certificate   Step 3. Trademark Registration Certificate:
Once your trademark application is approved, we will obtain your registration certificate.
Step 3 Prices
 

Frequently Asked Questions
  • Is there a time frame for the trademark registration approval?

    The average time frame for the registration approval is 8 months, if no objections or oppositions arise.

     

  • If I register my trademark in Romania, do I have protection in other territories?

    No. Romania is the territorial limit of protection.

  • Do I need to sign a Power of Attorney?

    Yes. You have to sign a power of attorney for application purposes.

  • Are there any benefits from a pre-filing use of the trademark?

    Yes. Applicants may benefit from pre-filing use: 

    • Avoid being refused by OSIM (State Office for Inventions and Trademarks)
    • Demonstrate the mark’s acquired distinctiveness
    • Defeat oppositions on the basis of non-distinctiveness
  • Will there be problems in case I don’t use my trademark after registration?

    Yes. Any interested party may file a petition to the Bucharest City Court to revoke the owner’s rights.

  • What are the types of trademark that can be registered in Romania?

    Marks that can be replicated graphically and can add distinguishing qualities to a good or service can be applied for registration. 

    • Names
    • Sounds
    • Words
    • Holograms
    • Slogans
    • Devices
    • Shapes with 3 dimensions
  • What are the phases of application after a trademark has been filed in Romania?

    The sequence of trademark application in Romania is as follows: 

    1. Publication – Details of the application will be made available to the public. The following information is published online:
      • Mark
      • Goods/services
      • Applicant’s country/state of incorporation
      • Applicant’s name and address
      • Application’s date and number
      • Representation
      • Priority claim
    2. Examination – The examiners will have to make sure the application is compliant to requirements with regards to:
      • Classification
      • Formalities
      • Deceptiveness
      • Descriptiveness
      • Distinctiveness
      • Note: Relative grounds for refusal are no longer checked since 2010
    3. Registration – Once all challenges are overcome, registration will be issued by the trademark office.
  • Are there any types of trademark that cannot be registered?

    These marks are not allowed for registration: 

    • Marks that are in conflict with moral standards and public policy
    • Marks that have a broad or common meaning (generic)
    • Marks that include symbols, flags or names of regions, states, nations or international organizations
    • Marks that do not show acquired distinctiveness
    • Marks that describe the characteristics of a good/service
    • Marks that illustrate the shape of the product
    • Marks that deceive the consumers as to the product’s origin of place
    • Marks that are used as a geographical indication
    • Marks that mislead the consumers as to the origin of place of wines and spirits
    • Marks that use a person’s surname without consent
    • Marks that use high value religious symbols
    • Marks that use protected state emblems, armorial bearings and flags without permit from authorities
  • Does Romania use the "Nice Classification" system?

    Yes. Nice Classification system is effective in Romania. It is not necessary to file multiple applications for the trademark to cover several classes of goods/services; one application suffices.

  • Does the Community Trademark apply for Romania?

    Yes, Community Trademark (currently known as European Union Trade Mark) registration applies for Romania.

  • Is there any possibility to claim priority in Romania?

    Yes. It is possible to claim the home filing date as the filing date in Romania if: 

    • The home country is Paris Convention signatory
    • The home filing date occurred within 6 months prior to the date of filing in Romania
    • The home country is a WTO (World Trade Organization) member
    • The international registration can be based in Romania
  • What do I need to do to satisfy the use requirement?

    You must genuinely use the mark within 5 years from the date of registration. Minimal amount is needed but it must occur within the territory of Romania.

  • Once my trademark has been registered, for how many years will be valid?

    A registered mark in Romania is valid for 10 years counting from the application date.

  • What will be the renewal date of my trademark?

    The first renewal will take place on the 10th year from the date when the application was filed.

  • Is it legal to use my trademark even if it is not yet registered?

    Yes. Unregistered marks can be used legally for goods and services.


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