New Implementing Regulations of the Trademark Law Enter into Force in Romania
Amendments to the Government Decision No. 1134/2010 on the approval of the Implementing Regulations of the Law on Trademarks and Geographical Indications entered into force in Romania on October 7, 2022.
The amendments intend to align the provisions of the Implementing Regulations with those of the trademark law, which was amended in July 2020. The Implementing Regulations were supposed to be amended by September 13, 2020, but the amendments came only two years later, after a period of uncertainty caused by the discrepancy between the new law and the former Implementing Regulations. The main amendments are explained below.
Representation before the Romanian IPO
The new regulations explicitly provide that a Power of Attorney (PoA) should indicate the scope of the mandate, the date on which the power was granted and its duration; the previous regulations did not include such requirements. For trademark applications or procedures that involve registered trademarks, the deadline for the subsequent filing of the PoA is extended to two months from the filing date, as opposed to the previous shorter deadline of 30 days. In these cases, the new regulations clarify that in the absence of a PoA, the procedures will continue with the applicant or trademark owner; the previous regulations did not cover this situation.
The new regulations provide for the possibility to upload audio or video files when filing an application for a sound, motion, hologram or multimedia trademark. This provision is now more consistent with the elimination of the graphic representation requirement.
Distinctiveness Acquired through Use
Along with the trademark application, the applicant can file a declaration stating that the trademark acquired distinctiveness through use, and support the declaration with evidence. The previous regulations did not provide for this possibility.
The new regulations clarify the minimum requirements for filing a formal opposition. One of the minimum requirements, which represents a significant change compared to the previous provisions, is that the opposition notice should include the following details of the prior right being invoked: trademark registration number, filing date and, if applicable, registration date and priority date. The PoA can be filed within two months from filing the opposition. The regulations also provide that the observations filed by the applicant in response to an opposition are communicated to the opponent, who is then granted 30 days to file a response.
The new regulations explicitly state that observations filed by third parties are communicated to the applicant, who can then present their response during the examination proceedings.
If a renewal request has deficiencies, the trademark owner is granted 30 days to remedy them, as opposed to three months as previously provided.
Recordation of Assignments, Transfers, Licenses and Other Rights
Certified true copies of supporting documents are now sufficient to prove these changes. Previously, it was necessary to submit original documents or legalized copies to prove any type of transfer of rights.
Changes Concerning the Name/Address of Trademark Owner/Representative
Certified true copies of supporting documents are sufficient to prove these changes. The previous regulations did not contain any provisions concerning such formalities.
By: George Irimescu
For more information, please contact George Irimescu at our Romania office.
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