A trademark is a sign susceptible of graphic representation serving to distinguish the products or services of a natural or legal person from those belonging to other persons.
Trademarks may be distinctive signs such as: words, including names of persons, drawings, letters, numbers, figurative elements, three-dimensional shapes and in particular the shape of the product or its packaging, color combinations, and any combination of these signs.
The right over the trademark or geographical indication is acquired and protected by their registration at the State Office for Inventions and Trademarks under the conditions of Law no. 84/1998 on the registration of trademarks and geographical indications, amended and supplemented by Law 66/2010.
The mark gives the owner the exclusive right to use it for the designation of goods or services, or to allow a third party to use it in return for a remuneration.
A brand is a way of attracting and retaining a customer base by differentiating the public of a merchant’s products or services from the same, or similar, products or services of another merchant.
It is very important for a trader to protect their name and image, whether it is a product or a service. If it is not legally registered, anyone can use the image, the drawing, the words used by a trader.
Without your name or trademark being registered, you have no legal means of protection if another merchant uses a trademark that is identical or similar to yours.
If another merchant uses the same signs as yours, customers may be misled and turn to that merchant, believing that they are purchasing your products or services.
There is also a risk that the sign or name you are using already belongs to another person, so if that person works in the same field as you, you may be held liable for damages.
In Romania, the registration of a trademark is done at the State Office for Inventions and Trademarks (OSIM).
A registered trademark in Romania is valid for 10 years and can be renewed for as long as 10 years.
A trademark can be of several types, the most common being the combined brands, which are composed of name (words) along with graphics and colors.
- Word mark – a name, a slogan, written in standard characters,
- Figurative mark – a graphic element (drawing) that does not contain letters or numbers,
- Combined mark – a name written with a special graphic and / or color or a name accompanied by a graphic element (drawing),
- Three-dimensional mark – the mark consisting of the shape of the product or packaging or any other specific three-dimensional mark that allows the identification of a product or service.
The registration procedure before the State Office for Inventions and Trademarks involves several steps and verifications.
The fees differ depending on the type of brand and the number of classes for which protection is desired.
The mentioned classes refer to the object of activity for which the trademark protection is requested and are found in the 11th edition of the International Classification of Trademarks in Nice.
Regardless of the field in which your business operates, it is extremely important to protect and register the brand in such a way as to cover all the products and services offered in the market. In conclusion, it is preferable for the brand to be registered from the beginning of the business, on the one hand because it is a means of attracting customers and bringing more profit to your company and on the other hand, it offers the advantage of you could oppose the person who wants to abuse it.
For any other information, please can contact us.
“Andreea Sersea” Law Office
Zefirului Street, No. 19, Sector 2, Bucharest, Romania.
+40 0773 340 401
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