Trademarks Law in Romania
Trademark Law in Romania
1. Legal Framework
Trademark protection in Romania is governed by:
Law No. 84/1998 on Trademarks and Geographical Indications, as amended
Administered by the State Office for Inventions and Trademarks (OSIM)
Romania is a member of key international treaties:
Paris Convention
Madrid Protocol
European Union Trademark (EUTM) system (Romania is an EU member)
TRIPS Agreement
2. What Can Be Registered as a Trademark?
Trademarks may consist of:
Words, names, letters, numerals
Logos, designs, colors
Three-dimensional shapes
Sounds and other signs capable of graphical representation
The trademark must be distinctive and not deceptive or contrary to public policy.
3. Trademark Registration Process
Filing Authority: OSIM (State Office for Inventions and Trademarks)
Process:
Application Submission with representation of the mark and list of goods/services according to the Nice Classification
Formal Examination
Substantive Examination (distinctiveness and conflict check)
Publication in the Official Gazette for opposition
Opposition Period: 3 months after publication
Registration issued if no opposition or opposition rejected
4. Duration and Renewal
Trademark registration lasts for 10 years from the filing date
Renewable indefinitely in 10-year periods
Renewals can be filed up to 6 months before expiry or within a 6-month grace period with a surcharge
5. Rights Conferred
Exclusive right to use the trademark on registered goods/services in Romania
Right to prevent unauthorized use or confusingly similar marks
Right to license, assign, or pledge the trademark
6. Infringement and Enforcement
Infringement includes unauthorized use, imitation, or counterfeiting
Remedies include injunctions, damages, and destruction of infringing goods
Administrative and criminal penalties apply in cases of counterfeiting
7. International Protection
Romania is a member of the Madrid Protocol, allowing international trademark registration designating Romania
As an EU member, Romania is covered by the European Union Trademark (EUTM) system, which provides protection across all EU member states
Priority claims under the Paris Convention are recognized
Summary
| Feature | Details |
|---|---|
| Governing Law | Law No. 84/1998 on Trademarks |
| Registration Authority | OSIM (State Office for Inventions and Trademarks) |
| Protection Duration | 10 years, renewable indefinitely |
| Opposition Period | 3 months after publication |
| Madrid Protocol Member | ✅ Yes |
| EU Trademark System | ✅ Yes (Romania is an EU member) |
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