TRADEMARK MONITORIZATION

The documentary research is the first step one must take prior to beginning the process for trademark registration.

This step brings assurance that the trademark you wish to register is not already registered by another natural or legal person for identical or similar goods to those for which you want toobtain registration.

Important!
We recommend making a documentary research (prior to the registration process) concerning the trademark you are interested in registering which will enable you to understand the risks you are exposing yourselfto and which will help you avoid losing valuable time and all the fees you have paid up until that moment. Last but not least, you will avoid the unfortunate situation in which you have to repeat the registration process all over again - in the eventuality in which your application is rejected based on the fact that another similar or identical trademark already exists.

The examination of the trademark which is about to be registered or which is being registered at the State Office for Inventions and Trademarks represents the second step that the applicant needs to take.

Taking into account that the State Office for Inventions and Trademarks (SOIT) no longer examines trademarks due to relative reasons (identification or similarity with an already registered trademark) without the opposition brought forth by an interested party, the titular character of a trademark has to be knowledgeable about any other similar or identical trademarks which are registered. Only in this manner can the person in question respond to the resistance met in the process of registration in due time (2 months) and can avoid having his/her trademark registered by another.

According to Law no. 66/2010, all the trademarks are publicized in the 'Industrial Property' Official Gazette, in 7 days' time since their registration.

In this way, your competition and even your former employees can submit a registration application and even obtain protection for a trademark identical to yours.

In order to find out what trademarks are submitted for registration, you need to seek the help of an industrial property specialist and thus rest assured that you can bring opposing arguments in due time.

We can help you in this respect by offering services such as:

• Conducting documentary researches;
• Offering legal counseling in establishing the best means to impede another person from using your trademark (opposition, legal dispute or counterfeiting litigation);
• Examining the trademarks appearing in the 'Industrial Property' Official Gazette in order to determine if your rights of making opposing arguments before the Opposition Commission of the State Office for Inventions and Trademarks have been violated and sending a monthly report;
• Identifying the similar or identical marks which can violate your right of trademark;
• Keeping track of the marks which are submitted for registration in a certain domain;
• Keeping track of the marks which are submitted for registration by a certain company or natural person.

The trademark monitorization process can help you avoid:

• Legal actions;
• Wasting your time and energy;
• Useless costs.

Choosing our services brings you the certainty that the name of the company, the goods and the services are protected and that any potential counterfeiting litigations are efficiently and promptly removed.

For more information, do not hesitate to contact us.