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Trademark Registration


What is a trademark?
A trademark is a sign susceptible to graphic representation meant to differentiate the products or services of one natural or legal person from those belonging to others.
"A trademark is not a product, but a way of life, an attitude, a set of values, an idea, a perspective, a culture."
Distinctive signs can become trademarks, such as: words, including personal names, drawings, letters, numbers, figurative elements, tridimensional shapes and especially the shape of the product or of its wrapping, combinations of colors, as well as any type of combination of the aforementioned signs.
Who can register a trademark?
Any natural or legal person can register a trademark. A trademark registration can be requested directly (in person) or through a trustee. A foreigner cannot go in person before the State Office for Inventions and Trademarks but needs to turn to the services of an industrial property specialist who can represent him/her before the State Office of Inventions and Trademarks (SOIT).
Important! In case of a shared warehouse it is recommended that the solicitors sign a contract which clearly stipulates the relation between them.
What is the procedure for registering a trademark?

Registering a trademark is done in stages. These refer to:

  • The first filing;
  • Formal examination of the registration application;
  • Examination as to substance of the registration application;
  • Trademark registration and publication.

The registration application of a trademark is drawn up in Romanian. This is a standardized form and contains:

  • The name of the applicant, as revealed in the official documents;
  • The office of the applicant, the address where the titular character holds office, eventually the correspondence address - if this is the case;
  • The surname and the forename of the trustee, if this is the case;
  • The declaration referring to the right of priority (if this is the case) or to the first filling (with the mentioning of the state, the date and the number of the title deed)or the declaration requesting the exhibition priority.
  • The depiction of the trademark: a 6/6 cm reproduction of the brand will be attached on the application form in the designated field , or the name of the brand will be written;
  • The claimed colors, if the trademark contains one or more colors for which protection is requested;
  • The translation and the transliteration of the trademark or of some of the elements of the trademark, if this is the case;
  • The list of products and/or services (that form the object of activity of the titular character) for which the trademark registration is requested;
  • The signature and stamp of the solicitant or of the assignee.

To this request form, you need to add:

  • The evidence of having paid the registration fee and of having examined the trademark;
  • 5 reproductions of the trademark which have to be 8/8 cm maximum, black and white and very clear if the trademark has a special graphic or is a figurative element. In case colors are a part of the trademark then 5 colored reproductions of the trademark will be added - 8/8 cm maximum;
  • Priority certificate, if this is the case;
  • The list of the companies entitled to use the collective trademark and the rules of usage, if this is the case.

Important! The registration certificate equals a title deed.
As a result, the title character becomes the absolute owner of the trademark/ registered name and s/he can develop his/her business and image, can reinvest in the trademark - part of the corporate assets - and s/he is entitled to forbid third parties from using an identical or similar trademark (which could generate confusion among the clients, suppliers, authorities, financial institutions, etc.).

The advantages of a trademark are:

  • Exclusive right of use over the name/brand registered;
  • The improvement of the company image and an increase in the number of clients;
  • Rising above the competition and controlling and influencing the market;
  • Having the legal means to defend yourself when your industrial property right is violated (in case of stealing or counterfeiting);
  • The clients will easily identify the products/services;
  • Becoming renowned and taking over a larger segment of the market;
  • Protecting the investments made and increasing the value of the business;
  • Imposing honest trading practices on the market.