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Newsletters and Bulletins / March 1999 / Romania |
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Romania - New Trademark Law A new Trademark Law entered into force on July 23, 1998. The
principal changes effected by the new law are summarized below.
1. Registrable marks are defined as signs, capable of geographical
representation, serving to distinguish the goods or services of
one party from those of others. Distinctive signs may include
letters, numbers, three-dimensional marks, including non-functional
product shapes and color combinations.
2. Marks may not be registered if they are identical or confusingly similar to, inter alia, geographical indications for products not originating from the indicated territory, provided that, with the exception of indications on wines or alcoholic beverages, the use of such indications could mislead the public. 3. Protection for certification and collective marks and geographical indications, and the registration of same, has been introduced. 4. Express protection for marks that have become well-known in Romania has been introduced. Owners of marks well-known in Romania may oppose or cancel conflicting marks for similar goods and services or even where the goods or services are dissimilar, if such use would mislead or confuse the public, cause confusion, take unfair advantage of or diminish the distinctiveness of the well-known mark. In addition, registrants whose marks have become known in Romania may prevent the use of conflicting marks, even with respect to dissimilar goods/services, if use of the conflicting mark, without justification, would take unfair advantage of or be detrimental to the registered mark or would cause prejudice to the owner of the trademark. 5. Appropriate provisions have been enacted to implement the Madrid Protocol system in Romania. 6. The term within which to file an opposition has been reduced from 6 months to 3 months. 7. Registrations are subject to cancellation for unjustified non-use for any continuous period of 5 years. 8. The Department of Customs may, ex officio, or at the request of a right holder, seize products that are intended either for import or export and that are suspected of infringing registered trademarks or geographical indications. |
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