Trademark or brand, identified by the symbol ®, is a distinctive sign used by an individual, business organization or other legal entity to identify a product or service in front of potential customers, and to show that all products come from a gate, a single source, to distinguish the goods or services and those of other entities. A trademark is a form of intellectual property, usually a name, word, phrase, logo, symbol, image, or a combination thereof.
A trademark owner can initiate a process to prevent unauthorized use of the trademark in his possession. Registering a trademark is not always mandatory. The owner of an unregistered mark may also initiate the process, but an unregistered trademark can be protected only in the geographic area that is used or in regions that would be expected to expand.
A mark is an essential element of business strategy: it makes the distinction between products and services company and competitors.
For the consumer is the most convenient way to quickly recognize a category of products and services that was recommended and that experience led to a preference of other products or services of the same nature. For the company, the brand is a way to win and keep a customer.
A mark may be opposed to another brand, used for competition only after registration with OSIM.
Repository gives the first applicant, for products and services identified in the request, a property right that allows him to resist counterfeiting or illegal imitations.
Thus, efforts manifested by the proprietor to make their products known, will not be influenced by competitors.
Trademark becomes active, that can be marketed.
Trademark rights can be transferred by assignment or license any time during the duration of trademark protection, as follows:
a) assignment, regardless of the transfer of trade in which it is incorporated. Assignment may be total or partial, without territorial limit use of the mark.
b) the license is exclusive or nonexclusive, for all or part of products / services for which it is registered.
Documents that change or provide rights to a mark shall set in writing. They can not be opposed to third parties only after their registration in the National Trademark Register.
Any person or entity can register a trademark. The registration of a mark may be applied directly or through an agent. If a deposit of applicants ownership is recommended to establish a contract for the relations among them.
The applicant must choose a brand more attractive to consumers and how to respond to legal requirements. Under trademark law is defined as a sign capable of graphic representation which serves to distinguish the goods or services, a natural or legal persons, those belonging to another person.
The mark can be verbal, figurative or composed. May constitute trademarks distinctive signs such as words (including personal names), arbitrary or fanciful names, deesene, letters, numerals, figurative elements, three-dimensional shapes and, in particular, form the product or packaging, color combinations and any combination of these signs.
Mark should not be composed exclusively of words, or common or natural expressions used to describe the product or service, or category to which he belongs.
There are signs that can’t be registered as trademarks because:
a) do not differ enough from other brands of products or services identical or similar registered in Romania or protected under international conventions, except where registration is required or authorized by the holders of these marks;
b) is copying, imitation or translation of another brand, well known in Romania for goods or services identical or similar;
c) only include names that are or have become customary, necessary or acelel generic products, or services or refers exclusively to the manner, time and place of manufacture or the nature, purpose, price, quality, quantity and weight of the goods;
d) without the authorization comprise the right: names and portraits of presidents, names of organizations or administrative units in Romania, reproductions or imitations of armorial bearings, flags, medals, badges and emblems, official signs marking, verification , quality control or guarantee;
e) the elements referred to in subparagraph d), of other states and international intergovernmental organizations, if the use is prohibited by the conventions to which Romania is a party;
f) contain false or misleading or contrary to public order and morality laws.
Trademark rights are confirmed by the certificate holder of the trademark.
Trademark registration gives the owner an exclusive right to brand products and / or services for which registration was made, for a period of 10 years from the date of ban brings depozitului.Inregistrarea for third parties to make or use without authorization, in whatever form, mark or one of its characteristic elements for the same products or services.
On request registration of a trademark can be renewed at the end of each term of protection of 10 years, to pay the legal fee.
Application for renewal of registration may be made no later than three months before the expiration of the current protection. At renewal list of products / services may be limited, but amplified.