How to Trademark Registration in Romania

Romania, a southeastern European country bordering the Black Sea, possesses many potential advantages to boost economic growth. Located in the heart of southeastern Europe, Romania is an important connection point between the EU, the Balkans and the Black Sea region. The seaport of Constanta facilitates maritime trade and exports. The service sector in Romania accounts for more than 50% of the country’s GDP, including a strongly developed tourism industry, attracting tourists by its rich cultural heritage, beautiful natural landscapes and reasonable costs; the information technology industry is growing rapidly thanks to a young, highly skilled workforce and competitive costs; The retail industry has developed diversely with many modern stores and commercial centers. To attract investment capital, the Romanian government has introduced tax incentives, tax exemptions and other support for foreign investors in priority sectors. Free economic zones and industrial zones are established to attract investment and create favorable business conditions. Therefore, more and more businesses are expanding their business scope here, in order to be able to distinguish their brand from other competitors, businesses need to pay attention to trademark registration procedures. Viet An Law would like to guide customers preliminarily through the procedure for trademark registration in Romania through the article below.

Legal basis

• Law No. 84 of 15 April 1998 on Trademarks and Geographical Indications (amended and supplemented until Express Decree No. 168 of 8 December 2022).

Definition of “trademark” in Romania

A trademark is defined as any mark that can be visually indicated and used to distinguish the goods or services of an individual or legal entity from the goods or services of others. Key points at the following definition include:

• Signs: Include letters, numbers, symbols, logos, colors, shapes, or even sounds.
• Visual representation: The trademark must be visually descriptive.
• Distinguish goods or services: The trademark must be unique enough for consumers to easily identify the origin of the product or service.

Types of trademarks that can be registered in Romania

Traditional brands

• Words: Include brand names, slogans, creative words, or even personal names (with some restrictions).
• Letters and numbers: Combinations of letters or numbers can be trademarks, especially if they don’t simply describe a product or service.
• Symbols and Designs: Logos, symbols and other graphic designs may be registered as trademarks.
• Color: A single color or combination of colors can be trademark, although determining uniqueness for a color mark can be more difficult.

Non-traditional trademarks

• Shape: The three-dimensional shape of a product or its packaging may be trademark, although functional restrictions may apply.
• Sounds: Sounds, such as cheers or characteristic noises associated with a trademark, may be registered.
• Hologram: Specialized patterns that create a visual effect when viewed under light.

Collective trademarks and protection

• Collective marks: These marks identify goods or services derived from members of a particular association (for example, the logo of a cooperative).
• Protective marks: These mark certify that the goods or services comply with certain standards or characteristics (for example, quality control marks).

Trademark registration dossier in Romania

Applicant Information:

• Applicant name and address: The legal name and full contact information of the applicant, including phone number and email.
• Type of applicant: Indicates whether the applicant is an individual, company, or other legal entity. (Examples: Sole Proprietorship, Partnership, etc.)

Trademark Information:

• Images that represent trademarks: These can be image files (JPEG, PNG) or a clear and detailed description of the trademark (lettering, logo, design, etc.).
• Class of goods and services: A clear and specific list of the goods or services the applicant intends to use the trademark. Applicants can use the International Classification of Goods and Services (also called the Nice Classification for goods and the Vienna Classification for services) for ease of reference. These classification systems classify products and services, making it easier for the Trademark Office to review an applicant’s application.

After having all the information, the applicant needs to fill out the trademark registration form

• Statement of Use (Optional): If the applicant has started using the trademark in Romania, the applicant can submit a statement of use with evidence (e.g. product packaging, marketing materials) to potentially expedite the registration process.
• Authorization (Optional): If the applicant files through an attorney or intellectual property representative, the applicant needs to provide Authorization to file on the applicant’s behalf.

Customers can download the application form from the following link: https://www.osim.ro/en/forms-trademarks

How to file for trademark registration in Romania

To file for trademark protection in Romania, customers can file using the following filing methods:

• Direct submission: You can go directly to the National Intellectual Property Office at 5, Ion Ghica Street, Sector 3 P.O. Box 52 030044 Bucharest to submit the application and related documents.
• By Post: You can send your application and all required documents via postal or courier service to the National Intellectual Property Office at 5, Ion Ghica Street, Sector 3 P.O. Box 52 030044 Bucharest.
• Customers can apply online via the following link:

https://www.osim.ro/en/online-filing-trademarks

Trademark registration in Romania through the European Union (EU) System

• The EU trademark provides uniform protection across all member states of the European Union.
• The European Union Intellectual Property Office (EUIPO) in Alicante (Spain) is responsible for registration.
• The initial term of protection of the EU trademark is ten years. It can be renewed indefinitely according to subsequent ten-year terms.
• Regulation (EU) No 2017/1001 of the European Parliament and Council of 14 June 2017 contains all legal provisions relating to EU trademarks.

Trademark registration documents in the European Union (EU)

Application form: The application form is downloadable from the European Union Intellectual Property Office (EUIPO) website. The applicant needs to complete information about the owner, trademark, and list of goods/services.

Brand image: Clear, sharp, fully branded images in JPG or PNG format, up to 2 MB in size.

List of goods/services: A detailed description of the goods/services for which you want to protect your trademark through the Nice classification system.

Registration fee: Basic fee: €850 for each additional class of goods/services the fee will increase by €150

Registration of trademark protection in Romania through the Madrid System

The Madrid system is a convenient and cost-effective Romanian league for global trademark registration and management. File a single international trademark application and pay a one-time fee to apply for protection in up to 130 countries. Claimants can modify, renew or expand their global trademark portfolio through a centralized system.

Madrid Agreement:

• Romania accessed the Madrid Agreement on 6 October 1920.
• The Madrid Agreement allows trademark owners to register their trademarks in a single member state (“country of origin”) and then extend protection to other member states (“nominating countries”) through a single international application.

Madrid Protocol:

• Romania accessed the Madrid Protocol on 28 July 1997.
• The Madrid Protocol modernizes and simplifies the international registration system of trademarks established under the Madrid Agreement.
• The Madrid Protocol allows trademark owners to designate additional member states to an international application already filed under the Madrid Agreement or Madrid Protocol.

Trademark registration dossier under the Madrid System

The Madrid Applications consist of the Madrid Singles of Vietnamese origin and the Madrid Applications with Romanian designations.

For the Madrid Application of Vietnamese origin, the applicant must submit through the state management agency for industrial property rights, i.e. the National Office of Intellectual Property of Vietnam. According to Article 25 of Decree 65/2023/ND-CP, a Madrid application of Vietnamese origin includes the following documents:

• Declaration of request for international registration of a trademark of Vietnamese origin (Form No. 01 in Vietnamese in Appendix II of Decree 65/2023/ND-CP);
• 02 MM2 declaration forms according to the form of the International Office in English or Romanian;
• 02 trademark samples exactly as the trademark in the application filed in Vietnam (establishment application) or trademark registration certificate (establishment registration);
• 02 MM18 declarations in English (if the application has a US designation);
• Written authorization in Vietnamese (According to the form of Viet An Law Firm);
• Documents of payment of fees for international registration of trademarks of Vietnamese origin;
• Other relevant documents (if necessary).

Application fees through the Madrid System

The fees include:

• Basic fee (653 Swiss francs; or 903 Swiss francs for a color mark) (Note! A 90% discount applies if the applicant lodges an application with the Intellectual Property Office of a developing country at least); and
• Additional fees depend on where the claimant wishes to protect his trademark and the number of classes of goods and services he or she wishes to register. In order to expand its geographic reach, or modify or renew its international registration, the applicant will have to pay additional fees.

If you want to file a trademark application, please contact Viet An Law Firm for the most effective support.