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INTA's Trademark Reporter Romania case summary - Flags, Coats of Arms and Other Insignia (European Union)

By Aura Campeanu, published in the March/April 2012 edition of the IAR Trademark Reporter


In August 2010, observation notices were filed against 101 national trademark applications in the name of Silviu Vasile Prigoana, a Romanian individual, on behalf of the European Commission, the European Union’s executive body that represents and upholds the interests of the European Union. The applications were all composed, in part, of a figurative element depicting a circle of 12 gold stars (imitating the European Union emblem) placed on top of an abstract blue arch, and a word element in the form of a Romanian city name followed by the word “TV” (see the example below, illustration at left). (Filing observations is a newly introduced procedure in the process of trademark registration in Romania and is similar to the procedure set forth in Article 40 of the Community Trade Mark Regulation (CTMR) (Council Regulation (EC) No. 207/2009, Feb. 26, 2009). Specifically,...

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International Conventions

Paris Convention, WIPO, PCT, European Patent Convention, Madrid Agreement, Berne Convention (Copyright), GATT/WTO, Locarno Agreement (Industrial Designs), Nice Agreement, Madrid Protocol, Hague Agreement (Industrial Designs), Strasbourg Agreement, Vienna Agreement, Rome Convention, Trademark Law Treaty (TLT), Budapest Treaty, UPOV, CT and WIPO Performances and Phonograms Treaty (WPPT) Lisbon Agreement, Singapore Treaty (prescurtat SG), Patent Law Treaty (PLT), Beijing Treaty on Audiovisual Performances (BTAP), WIPO Copyright Treaty (WCT), Phonograms Convention, Nairobi Treaty (NOS)

MINIMAL FILING REQUIREMENTS

Patent Applications

  • Applicant data
  • Name, address and occupation of the inventor
  • Priority application data
  • Patent specification and claims

Trade/Service Mark Applications

  • Applicant data
  • Priority application data
  • List of goods/services
  • At least one representation of the mark (in color if claimed)

Industrial Design Applications

  • Applicant data
  • Priority application data
  • At least one drawing or photograph of the claimed model or design

All other documents may be filed subsequently. Powers of attorney and declarations need not be legalized or notarized unless requested by the Patent and Trademark Office.

Some documents may require translation to Romanian.