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Romania

A-Z of EU trademark court practice and performance: Netherlands to Slovenia

In the fourth of our five-part series, trademark counsel from law firms across Europe provide an overview of the performance of their countries’ EU trademark courts over the past two years.

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23 Apr 2020

Procedures and strategies for anti-counterfeiting: Romania

Among the customs offices located on the EU border, the one in Constanţa Sud-Agigea harbour is by far the most important when it comes to combating the trafficking of counterfeit goods by sea. Read more

17 Mar 2020

Trademark procedures and strategies: Romania

The Romanian trademark system is based on the first-to-file principle and registration is possible without the need to show genuine use. Read more

1 Oct 2019

Procedures and strategies for pharmaceutical brands: Romania

In Romania, pharmaceutical trademarks are governed by the same national legislation and relevant EU directives and regulations as other trademarks. However, some specific elements must be taken into account. Read more

26 Sep 2019

BMW's M and M CARS marks (re)confirmed as well known

The Appeals Committee of the Romanian State Office for Inventions and Trademarks has upheld BMW’s opposition against the registration of the mark M CAR TRADING for services in Classes 35 and 37 based on BMW’s earlier marks M and M CARS. Read more

Anti-Counterfeiting

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14 May 2019

Procedures and strategies for anti-counterfeiting: Romania

Romania joined the European Union on 1 January 2007. Consequently, the Romanian customs authorities’ responsibility to protect the external border of the European Union increased considerably, as Romania has a significant border with non-EU countries. Read more

24 May 2018

Procedures and strategies for anti-counterfeiting: Romania

13 Mar 2018

Procedures and strategies for pharmaceutical brands: Romania

In Romania, pharmaceutical trademarks are governed by the same national legislation and relevant EU directives and regulations as other trademarks. However, when selecting trademarks to register, and in contentious matters, some specific elements must be taken into account. Read more

18 May 2017

Procedures and strategies for anti-counterfeiting: Romania

Romania joined the European Union on January 1 2007. Consequently, the Romanian customs authorities’ responsibility to protect the external border of the European Union increased considerably, as Romania has a significant border with non-EU countries (eg, Serbia, Ukraine and Moldova). Read more

Brand management

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7 Sep 2018

Trademark procedures and strategies: Romania

The Romanian trademark system is based on the first-to-file principle and registration is possible without the need to show genuine use. However, if an application is refused registration for lack of distinctive character, the refusal can be overcome if the mark has acquired distinctive character through prior use. Read more

Enforcement and Litigation

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6 Apr 2018

First draft of new trademark law: what are the main changes?

The Romanian Patent and Trademark Office has published the first draft of the new trademark law, which aims to transpose Directive 2015/2436 into national legislation. This update sums up the most important changes.

3 Nov 2017

Perfect Nails Kft wins decision in Romanian High Court

The Romanian High Court recently decided in favour of Perfect Nails Kft regarding the Romanian designation of its mark, overruling the previous Romanian Office for Patent and Trademark decision that the mark was not distinctive and was composed exclusively of signs or indications which could designate the destination and the characteristics of goods and services. The court accepted registration of the mark for all products in Class 3 and services in Class 41.

13 Dec 2016

Litigation procedures and strategies: Romania

Romanian trademarks are governed by Law 84/1998 regarding trademarks and geographical indications (the Trademarks Law). Although the law is based on the EU First Trademarks Directive (89/104/EEC), it has been amended several times to reflect Romania’s EU and international obligations. The most significant amendment occurred in May 2010, but several other more limited amendments have taken place since then.

1 Jan 2016

Romania: Tackling infringement in Romania

Trademark rights can be enforced through administrative or judicial proceedings in Romania, providing rights holders with flexibility

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15 Nov 2016

MARKETS.COM registered as international mark

The Romanian Trademark Office for Inventions and Trademarks has accepted registration of the international trademark MARKETS.COM for services in Classes 36, 41 and 42 after a provisional refusal of protection due to lack of distinctive character.

10 Mar 2014

'.ro' registry to introduce new domain name regulations

The National Institute for Research and Development in Informatics, the registry for the Romanian top-level domain, is planning to introduce new regulations on the registration and renewal of '.ro' domain names. The main changes concern the validity period of '.ro' registrations and the associated fees.

Portfolio Management

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29 Mar 2017

Trademark procedures and strategies: Romania

There is no requirement to use a mark in order to acquire trademark rights. The Romanian trademark system is based on the first-to-file principle and registration is possible without preliminary use. If a trademark is refused registration for lack of distinctive character, this can be overcome by showing that the mark has acquired distinctive character through use prior to its application date.

24 Mar 2016

Relative grounds no longer examined ex officio by Trademark Office

The Romanian Trademark Office has now amended its practice so that relative grounds are no longer examined <i>ex officio</i>.

27 Nov 2015

Global electronics and technology service provider successfully opposes registration of nearly identical mark

The Trademark Office has upheld an opposition filed by Sky Capital Limited, the owner of the figurative CTM OPPO for goods in Classes 9 and 28, against the registration of the figurative mark OPPO for goods in Class 9. Following OHIM’s practice, the Trademark Office ruled that the marks were identical.

27 Oct 2015

Rovio successfully demonstrates reputation of ANGRY mark for "online video games"

The Romanian Trademark Office has partially upheld an opposition filed by Rovio Entertainment Ltd, the owner of the marks ANGRY and ANGRY BIRDS, against the registration of the mark ANGRY BITE by a local company for goods in Class 30 and services in Class 35. The decision is important for Rovio as the office recognised the reputation of the ANGRY mark for "online video games" in Romania.

Trademark law

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1 Sep 2016

Romania: When advertising campaigns border on the unacceptable

Recent decisions, relating mainly to audiovisual advertising, reflect the regulators’ willingness to tackle misleading and comparative advertising

29 Apr 2016

Romania: An open approach to registration

Reflecting the current trend towards the use of less conventional signs, the Romanian Patent and Trademark Office is open to the registration of non-traditional marks – with certain caveats

18 Sep 2015

Romania

The applicable statutory law and principles are set out in the Civil and Criminal Codes and the Civil and Criminal Procedure Codes.

1 May 2015

Global apparel company successfully prevents registration of marks for clothing

Lucy Apparel LLC, a division of VF Corporation (a well-known global apparel and footwear company), has obtained four positive decisions before the Romanian Trademark Office. The office refused to register four variations of the LUCY trademark for goods in Class 25, finding that there was a likelihood of confusion with Lucy Apparel’s earlier registered trademark LUCY in Class 25.

Twitter

05 Jun 2020

@WTRmagazine RT @MarksmenTweets: Study calls for shake-up of #geographicalindications to forge path towards universal trademark system https://t.co/jGiy… Read more

05 Jun 2020

@WTRmagazine Yupoo remains popular shop front for counterfeit goods; how brands can fight back. https://t.co/N3hztwwpo1 https://t.co/bAJZa0aQj4 Read more

05 Jun 2020

@WTRmagazine An inside look at Lego’s Latin American brand protection operations. https://t.co/WV3vbVd2rj https://t.co/nOFdye3EWs Read more

05 Jun 2020

@WTRmagazine RT @MarksmenTweets: “The heresy I am happy to question”: Trademark Owners Association's managing director outlines plans for legal services… Read more

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Lara Kayode

Managing Partner

Lagos, Nigeria

O Kayode & Co

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