Legal Framework
- Paris Convention
- Madrid Agreement
- Madrid Protocol
- Singapore Treaty and its Regulations
- Nice and Vienna Agreements
- Treaty on trademark law and its Regulations
- Stockholm Convention establishing the World Intellectual Property Organization
- TRIPs
- PCT Convention
- EPC
- Budapest Treaty and its Regulations
- Strasbourg Agreement
- Hague Agreement and Geneva Act
- Locarno Agreement
Law no. 84/1998 on trademarks and geographical indications and its Regulations, as further amended and supplemented
Law no. 64/1991 on patents and its Regulations, as further amended and supplemented
Law no. 129/1992 on the protection of industrial designs and models and its Regulations, as further amended and supplemented
Government Ordinance no. 41/1998 on fees regarding the industrial property field and their application framework, as further amended and supplemented
Trademark
Filing the Application – Requirements
- Name and address of the Applicant
- Representation of the Mark
- Colors to be claimed when the mark is a device mark in color
- List of Goods and Services according to Nice Classification 11thEdition (Classes 1-45)
- Priority date, country and number and the original Priority document which can be submitted subsequently
- Power of Attorney simply signed (and sealed, if applicable) by the Applicant. The power of attorney can be submitted within one month of the date of filing
Registration Procedure
- The Application is filed with and examined by the Patent and Trademark Office
- The registration procedure takes 6-9 months (if all goes smoothly) from the publication date
Opposition
- Opposition can be filed against the published Trademark Application can be filed within two months as from the date of publication
Duration
- The trademark is valid for 10 years as from the application date
- Upon payment of renewal fees, the Trademark will be extended for a further 10-year period. The renewal application can be filed no more than 3 months before the expiration date; the renewal fees can be paid up to six months after the expiration date with a fine of 50%
Recording changes in the Register
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Assignment of Rights
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- Power of attorney simply signed (and sealed, if applicable) by the Assignor; Power of attorney simply signed (and sealed, if applicable) by the Assignee; Original assignment agreement or a notarized copy thereof
- Notarized copy of the original assignment agreement
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Change of Name
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- Simply signed (and sealed, if applicable) Power of attorney indicating the new name; Copy of the registration of change of name with the Trade Registry or any other official document attesting the change of name
- Copy of the registration of change of name with the Trade Registry or any other document attesting the change of name or a declaration with the genuine signature of the director/president of the company specifying that at a certain date the company has changed its name
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Change of Address
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- Simply signed (and sealed, if applicable) Power of attorney indicating the new address; Copy of the registration of change of address with the Trade Registry or any other official document attesting the change of address
- Copy of the registration of change of address with the Trade Registry or any other document attesting the change of address or a declaration with the genuine signature of the director/president of the company specifying that at a certain date the company has changed its address
Patents
Filing a Conventional Application – Requirements
- Name and address of the Applicant
- Title of the patent
- Name and address of the inventor (if he/she is not the Applicant), workplace on the date of creating the invention
- Relevant document attesting the manner by which the Applicant is entitled to file the patent application
- Statement that the inventor does not wish to have their name mentioned in the application, if relevant
- The document showing the assignment of rights by the Inventors in favor of the Applicant, simply signed by the Inventors (in original or notarized copy) – it can be submitted subsequently
- Description of Patent
- Drawings (if any)
- Abstract – summary of the invention
- Priority date, country and number
- Priority document – it can be submitted subsequently
- Patent claims
- Power of attorney simply signed by the Applicant – can be submitted subsequently
- Translation of description, claims, drawings and abstract into local language – can be filed subsequently
- The Application is to be filed within one year from the priority date
Filing a National Phase of PCT Application – Requirements
- Name and address of the Applicant
- Title of the patent
- Name and address of the Inventor (if he/she is not the Applicant) or a declaration that the Inventor does not wish to be mentioned by name in the Application, if relevant
- Relevant document attesting the manner by which the Applicant is entitled to file the patent application
- The document showing the assignment of rights by the Inventors in favor of the Applicant, simply signed by the inventors (in original or notarized copy) – it can be submitted subsequently
- Description of Patent
- Drawings (if any)
- Abstract – summary of the invention
- Priority date, country and number
- Priority document – can be submitted subsequently
- Patent Claims
- International search report
- Power of attorney simply signed by the Applicant – can be submitted subsequently
- Translation of the description, claims, drawings and abstract into the local language – can be filed subsequently
- International Preliminary Examination Report
- The document showing the assignment of rights by the Inventors in favor of the Applicant, simply signed by the Inventors (in original or notarized copy) – it can be submitted subsequently
Registration Procedure
- The Application is to be published within 18 months from the application date or from the priority date
- Request for full examination is to be lodged on the application date or on the filing date in the National stage, if relevant, or within 30 months from one of the aforementioned dates
European Patent
- Romania has been a member of the European Patent Organization since March 01, 2003
Duration
- 20 years from the application date for conventional Paten
- 20 years from the International filing date for the National Phase of PCT patents
- 25 years – supplementary protection certificate can be obtained and the validity of the patent can be extended up to five years in case of pharmaceutical products and phytopharmaceutical products
- The protection fees are to be paid annually and, as a rule, are due on the first day of the respective year of protection; the fees can also be paid within six months after the due date with a 50% fine
Recording changes in the Register
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Assignment of Rights
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- Power of Attorney simply signed by the Assignee
- Notarized copy of the original assignment agreement
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Change of Name
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- Power of Attorney indicating the new name, simply signed by a representative of the Company
- Copy of the registration of the change of name with the Trade Registry or any other document attesting the change of name or a declaration with the genuine signature of the director/president of the company specifying that at a certain date the company has changed its name
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Change of Address
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- Power of Attorney indicating the new address, simply signed by a representative of the Company
- Copy of the registration of the change of address with the Trade Registry or any other document attesting the change of address or a declaration with the genuine signature of the director/president of the company specifying that at a certain date the company has changed its address
Industrial Designs
Filing the Application – Requirements
- Name and address of the Applicant
- Name and address of the author or a declaration that the author chooses not to be mentioned in the application
- Information regarding the number of external shapes the protection is requested for
- Graphic representation of the design
- Priority documents, if relevant
- Indication of the products in which the design is incorporated, if relevant
- Description of the novel elements of the design
- Power of Attorney simply signed by the Applicant’s representative. The power of attorney can be submitted within two months of the date of filing
Registration Procedure
- Industrial Design Application are examined by the Patent and Trademark Office. If the application meets the prescribed requirements, the Office will issue the Registration Certificate
- The fees are payable every five years
Duration
- 10 years from the application date, with the possibility of renewal 3 times, for 5 years each time
Recording changes in the Register
-
Assignment of Rights
-
- Power of Attorney simply signed by the Assignee
- Notarized copy of the original assignment agreement
-
Change of Name
-
- Power of Attorney indicating the new name, simply signed by a representative of the Company
- Copy of the registration of the change of name with the Trade Registry or any other document attesting the change of name or a declaration with the genuine signature of the director/president of the company specifying that at a certain date the company has changed its name
-
Change of Address
-
- Power of Attorney indicating the new address, simply signed by a representative of the Company
- Copy of the registration of the change of address with the Trade Registry or any other document attesting the change of address or a declaration with the genuine signature of the director/president of the company specifying that at a certain date the company has changed its address
This text is for informational purposes only and should not be considered as legal advice. Should you require any additional information, feel free to contact us.
