FAQ
The field of intellectual property is complex and includes many elements. To make things easier, we have answered a series of common questions encountered in our practice.
Learn more about the process and benefits of registering a trademark, as well as ways to protect your brand and your intellectual property in general.
Is a trademark registered at OSIM protected worldwide?
A trademark registered at OSIM offers protection exclusively in Romania, not internationally. To obtain protection in other states or regions, such as within the European Union, separate trademark applications must be filed with the corresponding IP offices. For example, filing a trademark with EUIPO grants protection in all 27 EU member states.
Does a trademark offer protection for all goods and services?
Trademark registration offers protection only for the goods and services specified in the application. It is essential to choose the correct classes to ensure appropriate protection for the relevant goods and services.
Are there maintenance fees for a trademark during the 10-year validity period?
After registration and payment of the certificate issuance fee—which is the final step in the registration process—there are no additional fees during the 10-year validity period of the trademark.
De câte ori se poate reînnoi o marcă?
A trademark can be renewed indefinitely, provided that the renewal fees are paid every 10 years.
Does OSIM notify the trademark owner if a similar or identical application is filed?
No. OSIM does not notify the trademark owner when a similar or identical application is filed. Therefore, it is the responsibility of the owner to monitor the trademark and take timely action to protect their intellectual property rights. Alternatively, by choosing TAS Agency’s monitoring and opposition services, you ensure that your brand is always protected.
Ce pot să fac dacă cineva folosește marca mea?
In cases of unauthorized use, you may send a trademark infringement notice. If an amicable solution is not possible or the infringing party does not comply, you may initiate legal proceedings to protect your rights.
What benefits do I gain by registering my trademark?
Registering a trademark offers numerous benefits. A trademark is the only instrument that grants ownership rights over your brand, ensuring that any investment in marketing strengthens the goodwill of your business. It also means that no one else can claim or use your brand without authorization, and you may prohibit such use if it occurs.
How can I find out if a trademark is registered?
The simplest and safest way is to request a trademark search report, which provides information on both the current status of the mark you intend to register (whether it is already registered or not) and any similar registered trademarks. This report offers a complete overview of the trademark landscape within your domain and helps you make informed decisions regarding the registration of your brand.
When can I start using the trademark after filing with OSIM?
The trademark may be used from the date the application is filed with OSIM and a filing number is obtained. However, full ownership rights arise only once the registration certificate is issued.
