The registration of a trademark in Romania involves several steps and procedures which must be closely observed. The Trade Mark registration can be carried out by a lawyer or similar person or by the owner of the trade mark themselves.
We are often asked as a Romanian law Firm for advice on Trade Mark Registration in Romania. Registration is made at the State Office for Inventions and Trademarks (OSIM), which is the Romanian authority dealing with the registration and protection of trademarks.
Prior to the lodging the application for the registration of a trademark, it is possible to apply for documentary research to done by the OSIM specialists. The purpose of the research is to find out whether the trademark, which will be the subject to the application is identical or similar to another already registered trademark. This information could prove helpful during the process of registration considering that the owner of a similar or identical trademark could oppose the registration and therefore the application could be denied by the authority. The value of the tax levied by OSIM for performing such research is conditional upon the number of classes included in the application and the urgency of the request.
The documents that need to be registered at OSIM are the application which must contain the following details; (i) the applicant’s identification data (name, address, phone, email); (ii) type of trademark for which the registration is requested; (iii) indication of the type of colour of the trademark; and (iv) list of goods and / or services for which the trademark is sought. The application must have attached to is a copy of the proposed mark which should clearly indicate the figurative element (logo), the font and colours used etc. (a logo in digital format at a higher resolution should be provided).
In addition to the application, a fee is payable at various stages in the trademark registration process.
The first step is the lodging of the registration request at OSIM. At this stage, an initial tax of forty-five (45) lei, the equivalent of ten (10) euro must be paid. The request is accompanied by the documentation showing the representation of the mark and all relevant information.
Following acceptance of the application then the application is published. At the time of publication, a further fee is payable depending on whether the mark is in black and white or is coloured.
In the cases where there is an application for a black and white trademark, the fee is one hundred and thirty-four lei, the equivalent of twenty-five euro. Where the trademark is in colour the fee is four hundred and forty-five lei, the equivalent of one hundred euro.
If during a period of two months from the date the publication of the registration request no opposition is made to the application for registration the application is analysed by OSIM.
At the time of examination of the application for registration there are different costs depending on the type of the trademark (i.e. whether it is an individual trademark, or a collective, whether the trademark is in colour or black and white).
In the case of an individual trademark (i.e. one requested by a natural person or a legal entity) for one class/word trademark mark (i.e. a name or a slogan, rom. “Marca verbala”) the fee is four hundred and ninety lei, the equivalent of one hundred and eight euro. For one class/black and white trademark with a figurative element, the fee is six hundred and twenty-four lei, the equivalent of one hundred and thirty-eight euro.
For one class/colour trademark with figurative element then the fee is nine hundred and eighty lei, the equivalent of two hundred seventeen euro
For each additional class, regardless of the trademark type a further tax of two hundred and twenty-three lei, the equivalent of forty-nine euro is charged.
The classes refer to the activity for which the protection for the trademark is sought and are found in the International Classification of Trademarks of Nice.
In cases of a collective trademark (i.e. one which serves to distinguish goods or services of the members of an association from the products or services of other persons), for one class/word trademark mark (i.e. a name or a slogan, rom. “Marca verbala”) the fee is one thousand seven hundred and thirty six lei, the equivalent of three hundred and eighty five euro; for one class/black and white trademark with figurative element the fee is two thousand and lei, the equivalent of four hundred and forty-four euro. For one class/colour trademark with figurative element the fee is two thousand four hundred and forty-nine lei, the equivalent of five hundred and forty-three euro, and for each additional class, regardless of the trademark type an additional fee of three hundred and twelve lei, the equivalent of sixty-nine euro.
The examination of the request is usually performed within six to nine months the initial registration of the application.
The final step provided the trademark is approved is the issuance of the registration certificate, regardless of the trademark type and number of classes. The fee for the certificate is two hundred and twenty-three lei, the equivalent of forty-nine euro.
Whilst the application can be carried out by the client we advise the clients that it is always using the services of a professional either a Romanian lawyer or a trade Mark agent to ensure that the application proceeds smoothly. Should the application be refused then the grounds are already clear and time and money will be saved in any appeal and subsequent proceedings.
Nicholas S Hammond
