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Trademarks
- Paris Convention
- Madrid Agreement
- PCT Convention
2. Law on Trademarks and Geographical Indications No. 84/1998
3. Law No. 64/1991 on patents for inventions
4. Law No. 203/2002 amending the Patent Law
5. Law on transitional protections of patents for invention of 1998
6. Law on industrial design No. 129 of December 29, 1992
Trademarks
Filing the Application – Requirements:
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- Name and address of the Applicant
- Outlook of the Mark
- List of goods and services according to Nice Classification
8th edition (Classes 1-45)
- Priority date, country and number and the original Priority
document which can be submitted subsequently within three months
as from the Application date
- Power of Attorney simply signed by the Applicant. PoA can be
submitted subsequently within three months as from the Application
date
Registration Procedure:
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- The Application is filed and examined with the State Office
for Inventions and Trademarks (Office)
- The Office is examining all grounds for refusal
- The registration procedure takes approximately 2 years as from
the application date
- Opposition can be filed within three months as
from the date of issuance of the Decision on grant of the Trademark.
The Trademark owner can file the response to the opposition within
three months as from the receipt of the official notification from
the Office
- Upon the payment of ten years protection fees,
the Trademark is valid 10 years as from the application date
- Upon the payment of renewal fees the Trademark can be extended
for the next 10 years. The renewal fees can be paid during the last
six months of previous ten years protection period or six months
after the expiration date with 50% fine
Recording changes in the Register:
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1. Assignment of rights
Requirements:
- Power of Attorney simply signed by the Assignor
- Power of Attorney simply signed by the Assignee
- Assignment document signed by the Assignor and the Assignee and
notarized by Notary Public
Requirements:
- Power of Attorney with the inserted new name, simply signed by
the representative of the Company
a) the extract from the Register of the companies showing the change
of name or
b) the statement of the Secretary of State showing the change of
name
Requirements:
- Power of Attorney with the inserted new address, simply signed
by the representative of the Company
- a) the original extract from the Register of the companies showing
the change of address or
b) the statement of the Secretary of State showing the change of
address
Patents
Filing of Conventional Application – Requirements
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- Name and address of the Applicant
- The name and address of the inventor(s) or a statement that
inventor does not wish to have his name mentioned in the application
- Priority date, country and number
- Description of Patent
- Patent Claims
- Drawings (if any)
- Abstract – summary of the invention
- The document showing the assignment of rights from the Inventors
in favor of the Applicant, simply signed by the Inventors or notarized
copy of the Assignment document – can be submitted subsequently,
within 3 months as from the filing date. This term cannot be extended.
- Power of Attorney simply signed by the Applicant – can
be submitted subsequently, within three months as from the filing
date. This term cannot be extended.
- Priority document – can be submitted subsequently, within
three months as from the Application date. This term cannot be
extended.
- Application is to be filed within one year as from the priority
date.
- Translation of description, claims and abstract into local language.
Can be filed subsequently within three months as from the Application
date.
Filing of National Phase of PCT Application
– Requirements [ top
]
- Name and address of the Applicant
- The name and address of the inventor(s) or a statement that
inventor does not wish to have his name mentioned in the application
- Description of Patent
- Patent Claims
- Drawings (if any)
- Abstract – summary of the invention
- Priority date, country and number
- International Search report
- International Preliminary examination report
- Written opinion and response to the written opinion (if any)
- PCT Publication page
- PCT Request
- The document showing the assignment of rights from the Inventors
in favor of the Applicant, simply signed by the Inventors or notarized
copy of the Assignment document – can be submitted within
three months as from the Application date. This term cannot be
extended
- Power of Attorney simply signed by the Applicant – can
be submitted within three months as from the Application date.
This term cannot be extended
- Translation of description, claims and abstract into local language.
Can be filed subsequently within three months as from the Application
date
Time limits for filing of National phase of PCT Application
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- The Application is to be filed with the Office
within 20 months if Romania is the designated state
- The Application is to be filed with the Office within 30 months
if Romania is selected as state where the Applicant is intending
to use the International Preliminary Examination Report
Registration Procedure
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- Application is to be published within 18 months as from the
application date or as from the priority date
Request for full examination is to be along with filing the Application
or within 30 months as from the Application date
Extension of European Patent - Requirements
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- Publication of the European Patent Specification
- Translation on the Patent Claims into Romanian
- Drawings if any
- Power of Attorney simply signed by the Applicant. Can be submitted
subsequently within three months as from the date of filing the
Application for extension of the European Patent
The Application for extension of the European Patent is to be filed
within three months as from the date of publication of grant of
the European Patent.
- 20 years as from the application date for the
conventional Patents
- 20 years as from the International filing date for the National
phase of PCT patents
- 20 years as from the filing date of European Patent
- the protection fees are to be paid annually, prior to the expiration
of the year for which the protection fees have been paid or six
months after the expiration of the protection period as the latest
with 50% fine
Recording changes in the Register:
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1. Assignment of rights
Requirements:
- Power of Attorney simply signed by the Assignor
- Power of Attorney simply signed by the Assignee
- Assignment document signed by the Assignor and the Assignee and
notarized by Notary Public.
Requirements:
- Power of Attorney with the inserted new name, simply signed
by the representative of the Company
a) the original extract from the Register of the companies showing
the change of name or
b) the statement of the Secretary of State showing the change
of name
3. Change of address
Requirements:
- Power of Attorney with the inserted new address, simply signed
by the representative of the Company
a) the original extract from the Register of the companies showing
the change of address or
b) the statement of the Secretary of State showing the change
of address
Industrial Design
Filing the Application – Requirements
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- name and address of the Applicant
- name and address of the author or notice that the author chooses
not to be mentioned in the application
- information regarding the number of external shapes the protection
is requested for
- a two-dimensional presentation of the shape being the subject
of protection (photograph or a graphic presentation of the product
the protection is requested for)
- description
- Power of Attorney simply signed by the representative of the
Applicant. The PoA can be submitted subsequently within three
months as from the Application date.
Registration Procedure
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- The Industrial Design Application is examined by the Office.
If the Application meets prescribed requirements, the Office is
issuing the Decision on grant. Opposition can be filed against
the granted Industrial Design within three months as from the
date of the issuance of the Decision on grant
- The fees are payable each five years.
- 15 years as from the Application Date
Recording changes in the Register:
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Requirements:
- Power of Attorney simply signed by the Assignor
- Power of Attorney simply signed by the Assignee
- Assignment document signed by the Assignor and the Assignee and
notarized by Notary Public
Requirements:
- Power of Attorney with the inserted new name, simply signed by
the representative of the Company
a) the original extract from the Register of the companies showing
the change of name or
b) the statement of the Secretary of State showing the change of
name
Requirements:
- Power of Attorney with the inserted new address, simply signed
by the representative of the Company
- a) the original extract from the Register of the companies showing
the change of address or
b) the statement of the Secretary of State showing the change of
address
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