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One of the frequent questions our clients ask us is "Why is it so important to own a trademark registration?".

In reply, we say that it’s important because a trademark’s primary role is to identify goods and services and to differentiate them from other goods or services existing on the market, while protecting the investment holder, ensuring its exclusivity on the market, accounting for long-term investment, given that the mark may be assigned or licensed.

According to art. 2 of Law no. 84/1998 on trademarks and geographical indications, republished: "Trademarks may consist of any sign capable of being represented graphically, such as: words, including personal names, designs, letters, numerals, figurative elements, three-dimensional shapes and, particularly, the shape of goods or of packaging thereof, colours, combinations of colours, holograms, acoustic signals, as well as any combination thereof, provided that such signs are capable of distinguishing the goods or services of one enterprise from those of other enterprises ".

In this respect, our company offers the following services:

  • Specialized assistance in the preparation, filing and obtaining the certificate of registration of a mark;
  • Providing expert advice regarding classification mark considering the objects of the applicant and its needs;
  • Representation before the State Office for Inventions and Trademarks in different stages / procedures (i.e. oppositions, appeals, assignments, licenses, changes in relation to trade marks);
  • Representation before the Courts in disputes concerning the infringement of trademark holders’ rights;
  • Research documenting trademarks;
  • Monitoring services concerning brand portfolios.
If no oppositions are filed, the Romanian PTO examines the application in a timeframe of 6 to 8 months, and then grants/does not grant the registration.From the moment the application is filed and until the State Office for Inventions and Trademarks issues the certificate of registration, the applicants receive a provisional intellectual property right, this right becoming final upon receipt of the registration certificate.

A trademark is valid for 10 years and its protection begins to take effect from the date of application for registration is filed. The trademark may be renewed at the end of each period of 10 years. After the expiration of that period, a grace period of 6 months is granted within which the application can be renewed.

We also provide consultancy and represent clients as regards to the different procedures (registration, objections, requests for cancellation) unfolding before the European Union Intellectual Property Office, also being able to represent clients before the World Intellectual Property Organization.

A trademark registered as an European Union trademark will benefit from protection in all its member countries.