How do we get the legal protection of the trademark?
The rights conferred by law on trademark can only be acquired by the person who wants to become the owner only once the trademark is registered with OSIM.
A registration application is required to register a trademark. This will be analyzed by OSIM, which, if it meets all the conditions provided by law, will approve it and will grant the applicant the trademark registration certificate, based on which the trademark will benefit from protection.
What exactly can be considered a trademark?
Before submitting the terms of the application for registration, let’s find out the characteristics necessary for a trademark to be registered.
According to art. 2 of the Law on Trademarks, any mark, such as words, including the names of persons or designs, letters, figures, colors, figurative elements, the shape of the product or the packaging of the product or sounds, may be a trademark, provided that:
- to distinguish the goods or services of one company from those of other companies; and
- be represented in the Trademark Register in a manner which enables the competent authorities and the public to establish clearly and precisely the object of the protection conferred on their owner.
Therefore, before filing an application for registration, the future trademark owner must ensure that his trademark meets the legal requirements in order to be considered a trademark.
The trademark application must contain:
1. Explicit request for trademark registration.
2. Identification data of the applicant
If the application is submitted by a person authorized by the applicant to submit the application, the applicant will have to indicate his identification data, together with those of the applicant.
3. A representation of the mark enabling the competent authorities and the public to determine clearly and precisely the object of the protection conferred on their proprietor
4. List of products and / or services for which trademark registration is requested.
The role of the brand is to distinguish the products of one trader from those of another, so it must be expressly stated which products are intended to be identifiable by the brand.
5. Proof of payment of the fee for filing and publishing the trademark application.
How much it costs?
The filing fee is 10 euros, and the publication fee differs depending on the black and white or color of the trademark for which registration is required: 30 euros for black and white marks and 100 euros for color marks, according to Government Ordinance no. 41/1998.
If the applicant is a foreign natural / legal person, he/she/it will pay the taxes in euros, and if he/she/it is Romanian, at the exchange rate in Lei, calculated at the BNR exchange rate.
Junior Lawyer R&R Partners Bucharest
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