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Trademarks dress a variety of typologies, the customized inclusion being the task of the IP attorney, performed when initiating the trademark registration procedure with RO PTO /OSIM, OHIM or WIPO.  
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A mark is a sign which is capable of graphic representation, serving to distinguish the goods or services of an individual or a legal entity from those of others.
Registrable trademarks may be distinctive signs such as: words (including personal names), designs, letters, numerals, figurative elements, three-dimensional shapes and particularly the shape of goods or of packaging thereof, combinations of colors, together with any combination of such signs.

The trademarks, for the purposes of Law no. 84/1998, dress a variety of typologies, depending on several criteria, the customized inclusion being the task of the industrial property attorney, performed when initiating the  trademark registration procedure with RO PTO / OSIM, OHIM or WIPO.
On the other hand, depending on the territories covered by the registered trademark, trademarks may be grouped in three categories, namely: national trademarks, community trademarks  and international trademarks.

The national trademark is the mark which is filed for registration with the national trademark office, which in our country is represented by the Romanian State Office for Inventions and Trademarks (OSIM).

The territorial extent of the national trademark's protection refers to the entire Romanian territory.
The temporal extent of the national trademark's protection refers to an initial 10 years period which may subsequently be extended with unlimited 10 years periods under the condition of meeting the legal terms and paying the official fees.
Basically, the registration procedure of a national trademark involves 4 main stages which usually take about 9 months, counted as from the filing date.
The official fees currently applied by the national office may be learned from our firm's website at the first paragraph within FEES page.
Our firm's professional charges corresponding to the consultancy and assistance for: filing and prosecuting the application, documentary trademark searches, analyzing and drawing up written arguments in reply to office actions or third parties' oppositions, notifying unauthorized users, trademark watch services, may be requested online, using our contact form.
(Ask for a quotation)

A registered trademark differs substantially from a company's trade name.
A trade name does not confer any exclusive rights to its owner, but it is compulsory to be registered within the corresponding register of commerce.
On the other hand, a registered trademark confers various exclusive rights which are granted and protected by law.

According to the national law, the right on a trademark belongs to that person who is the first to apply for with the trademark office.


The Community Trademark
is the trademark which is registered with the Office for Harmonization in the Internal Market (OHIM), residing at Alicante, Spain.

The territorial extent of a registered CTM refers to the territories of all the European Union's member states.
One of the advantages of such kind of registration refers to the fact that, as the number of the EU member states increases, the registration of the Community trademarks is automatically extended to the new members' territories, without any additional fee.

For example, on January 1st, 2007 the Community trademarks registered until that date automatically extended their protection on Romania and Bulgaria, without any additional fee being involved.

The registration of a Community trademark has one important feature, respectively the dependency of all the EU member states. Specifically, as at dominoes, whether the trademark may not be registered in one single EU member state (for example, based on the ground of a prior national registration), the Community trademark will be rejected as a whole, in all the EU member states.

Our firm's recommendation is for every Community trademark to be doubled by a national registration in the applicant's country of origin, thus obtaining a much more solid and stable protection, no matter the outcome of the CTM application.

The temporal extent of the Community trademark's protection refers to an initial 10 years, period which may subsequently be extended with unlimited 10 years periods, under the condition of meeting the legal terms and paying the official fees.

The registration procedure of a Community trademark involves 4 main stages which usually take about 12 months.

The official fees, currently applied by OHIM for the registration of Community trademarks may be learned from our firm's website at the second paragraph within FEES page.

Our firm's professional charges corresponding to the consultancy and assistance for: filing and prosecuting a CTM application, documentary trademark searches, analyzing and drawing up written arguments in reply to office actions or third parties' oppositions, notifying unauthorized users, trademark watch services, may be requested online, using our  contact form (Ask for a quotation).


The international registration
allows the simultaneous registration of a trademark in one, several or all Madrid Arrangement and /or Madrid Protocol member states.
The application forms are transmitted to the World Intellectual Property Organization (WIPO), through the RO PTO.

The international registration of a trademark is advisable when the applicant intends to protect his company's name and /or his products /services names in several countries, no matter if the respective countries are EU member states.

In addition, the costs are significantly reduced compared to those involved by registering the trademark with the national trademark offices from each and every country.
The countries which may be designated through an international application may be learned from the following link http://www.wipo.int/members/en/

One of the most relevant features of the international registration refers to the fact that the international application must be based upon an application or, as the case may be, a registration of the trademark in the applicant's state of origin. Namely:

  • in case the international application designates Madrid Protocol member states only, the international registration may be requested based upon a national application filed with the national office.
 
  • in case the international application designates at least one Madrid Arrangement member state, the international registration may be requested exclusively based upon a national registration of the said trademark with the office of origin.
 

The territorial extent of an international registration equalizes the countries which are designated by the international application.

The international registration has one important feature, respectively the independence of the designated countries. This means that, in case the international application is rejected in one or several designated countries, this rejection will only affect those countries and the trademark will be registered in all the other designated countries.

The temporal extent of the international registration refers to an initial 10 years period which may subsequently be extended with unlimited 10 years periods, under the condition of meeting the legal terms and paying the official fees.

The international registration procedure takes between 12 and 18 months, depending on the corresponding route (Madrid Arrangement or Madrid Protocol).

The official fees, currently applied by WIPO for international registration proceedings may be learned from our firm's website at the third paragraph within FEES page.

Our firm's professional charges corresponding to the consultancy and assistance for: filing and prosecuting an international application, documentary trademark searches, analyzing office actions or third parties' oppositions, notifying unauthorized users, trademark watch services, may be requested online, using our contact form. (Ask for a quotation)


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