Trademarks - Cabinet Enpora

 

Trademarks

European & Romanian Trademark Registration Services

According to the Romanian standards a preliminary search before filing a trademark application is not required. However a search will help to decide about the chances for the respective trademark to be promoted for registration. The time for performing a trademark search is up to 5 working days.

FILING REQUIREMENTS:
- Order letter containing information related to the applicant (name, address, legal status) and details concerning the trademark (priority and/or color claims, if any, list of goods/services the trademark is applied for);
- 15 labels of maximum 7x7cm; if you send us only one label (as a JPG file) we can process it in order to obtain the number of required labels;
- Power of Attorney simply signed by the applicant; it may be filed within 3 months as from the date of filing without incurring any additional fees; it does not require notarization;
- Priority Certificate (if any) may be filed within 3 months as from the date of filing and the English translation of the same.

About the filing system we can inform you that according to the Romanian Law a foreign applicant must be represented before the Patent and Trademark Office through the intermediary of a mandatory. Furthermore please note that unlike the American system, in Romania a trademark application with multiple classes may be filed in a single filing request.

The procedures from filing to registration are as follows:

In about one month after filing the Patent and Trademark Office issues a Filing Receipt which certifies that the conditions provided by the Romanian Trademark Law for the regular deposit of a trademark are fulfilled and therefore the application for constitution of the regular deposit is admitted. It is indicated also the number under which the trademark is inscribed in the Register for Filed Trademarks.

After the filing receipt is issued the trademark is submitted to Substantive Examination in order to establish if it fulfills the legal conditions for registration. If the Examiner has no objections the trademark is promoted for registration. If the Examiner sees some obstacles a Provisional Refusal with a responsive term of three months is issued.

Supposing that the trademark is finally promoted for registration the Registration Decision is issued by the Romanian Patent and Trademark Office and a number is allotted. The three months statutory period for filing oppositions by the third parties are running as from the date of its publication into the Official Bulletin for Industrial Property.

If no oppositions are filed the Romanian Patent and Trademark Office issues the Registration Certificate. The normal validity is of 10 years.

Non use of the mark in the course of five consecutive years is a ground for cancellation.

The time depth from filing to registration is of about one year up to one year and a half depending on the obstacles encountered.


Trademark Law

Assignment Form

Power of Attorney

 

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