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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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4 Dec 2020

IP office improves electronic filing services

The Romanian IP office has recently taken several steps to improve its electronic filing services, fuelled by the restrictions brought about by the covid-19 pandemic. Read more

26 Nov 2020

That really takes the biscuit: 3D trademark application rejected in Romania

An application for a 3D trademark for a biscuit has been rejected, following substantial evidence showing that the shape is widely recognised as the Romanian Eugenia biscuit. Read more

12 Nov 2020

Romanian FLAMMKUCHEN trademark application refused at registration

The Association pour le Developpement de la Flammekueche d’Alsace, from the Alsace region in France, protects and promotes the region’s traditional produce, namely the flammkuchen (German), flammekeuche (Alsatian dialect), tarte flambée (French). The association has successfully prevented an applicant, who was not connected to the organisation, from filing a mark for FLAMMKUCHEN in Classes 29, 30 and 41. Read more

22 Oct 2020

CHARITÉ CLINIQUE application rejected for likelihood of confusion

The Romanian State Office for Inventions and Trademarks has refused registration of the Romanian figurative trademark application for CHARITÉ CLINIQUE in Class 44, on the grounds that it infringes the rights to an established hospital’s mark. Read more

Anti-Counterfeiting

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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

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

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. Read more

Brand management

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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

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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27 Jul 2020

Amendments to the Trademarks Law 84/1998 - key points highlighted

Amendments to the Trademarks Law (84/1998) entered into force on 13 July 2020, transposing the provisions of the Trademarks Directive (2015/243) into national legislation. This update highlights the most significant changes for trademark owners and practitioners. 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

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.

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

IP Offices

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2 Sep 2020

Owners of Romanian trademarks and international registrations designating Romania invited to specify scope of goods and services

Following the coming into force of a new trademark law in July, owners of Romanian trademarks and international registrations designating Romania that use entire class headings are invited to file a declaration specifying the goods or services intended to be covered. Read more

Online

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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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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.

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.

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

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.

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.

Twitter

16 Jan 2021

@WTRmagazine RT @PRAlliance: Brand Associations Provide a Blueprint for Educating Consumers on Counterfeits and Piracy https://t.co/rR0Zmg1wWY Read more

15 Jan 2021

@WTRmagazine RT @TrademarkBlog: I’m quoted in this: US SCOTUS denies certiorari to parody case, leaving Ninth Circuit open to forum shopping, expert say… Read more

15 Jan 2021

@WTRmagazine RT @patentriff: "Revealed: Andrei Iancu's email to USPTO staff on the day the US Capitol was stormed | World Trademark Review" #patents #US… Read more

15 Jan 2021

@WTRmagazine RT @KelseyFarish: Proud Boys TM? If the [far-right, neo-fascist, and male-only] "political" group is found to have engaged in illegal activ… Read more

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Martin Tranälv

Senior Partner

Stockholm, Sweden

Zacco

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Romania

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Anti-Counterfeiting

Brand management

Enforcement and Litigation

IP Offices

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Portfolio Management

Trademark law

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