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- Setting up a company in Romania
- Create a Romanian Joint-Stock company
- Types of Romanian Companies
- Romanian representative office or company branch
- Registering a Romanian Micro-Company
- Buying a Romanian Company
- Permits & licenses
- Incorporating a European Company
- The Trade Register
- Contract Law in Romania
- Romanian Administrators
- Liquidating a Company
- International Contracts
- Romanian Shelf Company
- Authorized Physical Person
- Property Tax in Romania
- The Romanian Land Registry
- Purchasing real estate
- Conditions for foreigners to buy Romanian properties
- New conveyance VAT
- The Recuperation of Properties
- New Minimum Corporate Tax
- Deductibility Regulations
- Avoid double taxation (e.g. Romania - UK)
- Paying taxes
- Repatriate profits
- Anti-Crisis Measures
- The Romanian Power of Attorney
- Import-Export in Romania
- Romanian Public Notaries
- The Arbitration Court
- About Legal Executors
- Recognition of Foreign Judgments
- Dismissal of employees
- Non-Profit Organizations
- Labor Law in Romania
- A guide: Romanian Courts
- Incentives for investments in Romania
- Debt Collection in Romania
- Trademark Registration
- Trial Phases in Romania
- About Romanian Lawyers
A trademark is a sign/graphic representation serving to distinguish goods or
services of a natural or legal person from those of others.
The trademark is an essential element of the strategy of firms: it makes the
distinction between a company’s products and services and those of competitors.
The following can registered as trademarks: words, including personal names,
designs, letters, numerals, figurative elements, three-dimensional shapes and
forms as the product or the packaging or color combinations as well as any
combination of such signs.
Any individual or company can register a mark. The rights of the trademark
holder are confirmed by the certificate of registration.
A trademark registration gives the holder an exclusive right to use the
trademark for products and/or services for which registration was made, for a
term of 10 years from the date of the deposit and the right to prohibit third
parties to use its trademark or fraudulent imitation.
On request, the registration of a trademark can be renewed at the end of each
term of protection of 10 years.
For the registration of a trademark it is required to file an application for
registration with OSIM on a form, in Romanian, which contains:
a) for a Romanian applicant: the name and address of the applicant, including
telephone and fax;
b) for foreign applicants: country, the name of country of residence, name of
the country where the activity takes place;
c) for an applicant legal entity: the respective country which legislation
served as a framework for establishing the legal person;
d) name and address; e) statement
to invoke the right of priority, indicating the state and the first deposit, if
the priority is claimed from an earlier application;
f) statement to invoke the priority of the exhibition, indicating the location
and name of the exhibition and the dates of the products or services in that
exhibition;
g) indication of color or colors claimed to
indicate the main parts of the brand;
h) statement on the three-dimensional shape of the brand;
i) the trademark characters (letters or figures) other than those used in
Romania;
j) a translation of the words constituting the trademark if they are not in
Romanian;
k) identifying the goods or services for which trademark registration is
required, grouped according to "Classification of Nice";
l) signature of the applicant or his representative, as applicable.
The application shall be accompanied by graphic or photographic reproduction of
the mark in sizes up to 6 x 6 cm, as follows:
a) 5 reproductions of the trademark in black and white when color is not claimed
as a distinctive element;
b) 5 reproductions of the trademark in black and white and 5 color reproductions
of the trademark when claiming at least one color as a distinctive feature.
Duration of protection is 10 years mark, trade mark may be renewed at the end of
each period of 10 years, at the request of the proprietor, the tax provided by
law.
OSIM trademarks are protected only in Romania.
We have exceeded 150 incorporations of Romanian companies having foreign shareholder structures. We offer complete legal assistance for any type of Romanian company formation including Romanian SRL (LLC) or Joint-Stock (SA) registration, office address and general advice for matters related to taxation, Labor regulations as well as on-going assistance after the formation of the company.
