The short answer
Under Law No. 84 of 15 April 1998 on trademarks and geographical indications (as republished in 2020 and amended in 2022), a trademark registration produces effects from the filing date for ten years and renews for periods of ten years. A renewal request is made in the six months before expiry, and also in the six months after with a surcharge. Opposition is open for two months after the application is published as admitted, and the owner can lose their rights after five uninterrupted years without effective use. Romania is an EU member, so an EU trade mark also covers it.
Trademark deadlines in Romania at a glance
These rules come from Law No. 84/1998 on trademarks and geographical indications, republished in the Official Gazette No. 856 of 18 September 2020 and amended by Emergency Ordinance No. 169 of 8 December 2022, read in the official Romanian text on WIPO Lex, which we have translated. Fees are set by law and OSIM, so we confirm them before we file.
| Question | Answer |
|---|---|
| How long does a trademark last? | Ten years from the date of the regular filing, renewable at the end of each ten-year term (Article 33). |
| Which date does the term count from? | The date of the regular filing of the trademark application (Article 33(1)). A renewal takes effect from the day after the current protection expires (Article 33(4)). |
| When can I renew? | The owner, or a person authorised by law or contract, can request renewal in the six months before the expiry date. The fee is due with the request. OSIM tells the owner about the expiry at least six months before but is not liable for failing to (Article 33(2) to (7)). |
| Is there a grace period? | Yes. The renewal request can also be made, and the fee paid, in the six months after expiry, with the increase set by law. Non-payment in that time leads to the owner losing the right to the mark (Article 33(5) and (6)). |
| Opposition period | Within two months of the publication of the admission of the application, any interested person can file an opposition based on the relative grounds in Article 6. It must be in writing, give the legal and factual grounds and include proof of fee payment. OSIM then gives the applicant two months for an amicable settlement, extendable to up to three months more by joint request (Articles 26 and 27). Observations on absolute grounds can be filed within two months of publication of the application (Article 20). |
| Reply to an office action | OSIM examines the application, notifies objections and gives the applicant a time to respond. Decisions can be contested under the procedure in Article 97. |
| Priority claim | Priority under the Paris Convention, six months from the first filing, is recognised. We confirm the claim steps when we file. |
| Non-use | Any interested person can ask at any time during the protection period for the owner to be deprived of their rights if, over an uninterrupted period of five years from the end of the registration procedure, the mark has not been put to effective use in Romania for the registered goods or services without justified reasons. The same applies if the mark has become the usual name of the goods (Article 55). |
| Assignment | A mark can be assigned or licensed, and the transaction is entered in the Trademark Register. A mark registered in an agent's name without the owner's consent can be claimed by the owner (Article 42). |
Who can register a trademark in Romania
Any natural or legal person can apply to OSIM. The Trademark Register is public and administered by OSIM.
Representation. We act through an authorised industrial property attorney (mandatar autorizat) before OSIM. The Law defines the authorised attorney as an industrial property counsellor who can represent parties before OSIM. We confirm the current representation rule for foreign applicants before we file.
Trademark registration process in Romania
Search
- Search the the State Office for Inventions and Trademarks (OSIM) records for identical or similar marks in your classes.
File the application
- File with the the State Office for Inventions and Trademarks (OSIM), through an industrial property attorney.
- Claim priority at filing if you filed abroad recently.
Examination
- The office examines the application and tells you in writing if there is a problem. We reply within the time set in the notice.
Publication and opposition
- An accepted application is published.
- After publication of the application as admitted, an opposition on relative grounds can be filed within two months. OSIM gives the parties two months to try to settle (Articles 26 and 27).
Registration
- If there is no opposition, or it fails, the mark is registered and a certificate is issued.
Official fees are set by the the State Office for Inventions and Trademarks (OSIM) and change. We confirm the current fee for your classes before we quote, so the figure you see is the one that applies on the day.
Romania trademark validity and renewal
- A registration lasts ten years from the filing date.
- Renew in the six months before expiry.
- A late request is accepted in the six months after expiry with a surcharge.
- Use the mark in Romania to avoid forfeiture after five years.
Diarise the six-month renewal window from the filing date.
Assignment, licence and changes to a Romanian trademark
Renewal request
Content
The request must carry the express request and the owner's details (Article 34).
Agent registrations
Owner remedy
The owner can claim or oppose use of a mark registered by their agent (Article 42).
Tolerance of later mark
5 years
Tolerating a later mark for five uninterrupted years can bar an invalidity claim (Article 58).
Forfeiture
5 years
Forfeiture for non-use follows five uninterrupted years (Article 55).
Non-use and cancellation of a Romanian trademark
An interested person can ask at any time for the owner to be deprived of their rights for five uninterrupted years of non-use, or if the mark became the usual name of the goods or became misleading through the owner's conduct (Article 55). Failure to pay the renewal fee in time also ends the right (Article 33(6)).
Keep dated proof of use in Romania: invoices, packaging, advertising and website pages that show the mark with the goods or services.
How to check a trademark in Romania
Search the OSIM trademark database and the Industrial Property Official Bulletin for the filing, publication, registration and renewal dates.
Sources used
- Law No. 84/1998 on trademarks and geographical indications (Romania), republished 2020 and amended 2022, official Romanian text on WIPO Lex (translated by us): Articles 20, 26, 27, 33, 34, 42, 55 and 58.
- OSIM for fees, forms and the current procedure.
Romania trademark FAQ
How long does a trademark last in Romania, and from when?
Ten years from the date of the regular filing, renewable at the end of each ten-year term (Article 33). It counts from the date of filing (Article 33).
When should I renew a Romanian trademark, and is there a grace period?
The owner, or a person authorised by law or contract, can request renewal in the six months before the expiry date. The fee is due with the request. OSIM tells the owner about the expiry at least six months before but is not liable for failing to (Article 33(2) to (7)).
What is the opposition period in Romania?
Within two months of the publication of the admission of the application, any interested person can file an opposition based on the relative grounds in Article 6. It must be in writing, give the legal and factual grounds and include proof of fee payment. OSIM then gives the applicant two months for an amicable settlement, extendable to up to three months more by joint request (Articles 26 and 27). Observations on absolute grounds can be filed within two months of publication of the application (Article 20).
How much does it cost to register a trademark in Romania?
The official fee is set by the the State Office for Inventions and Trademarks (OSIM) and changes. We confirm the current fee for your classes and quote the full cost before filing.
Can a foreign company register a trademark in Romania?
Yes. A foreign company can register a mark in Romania, directly with OSIM or through the EU or international systems, normally through an authorised industrial property attorney. We arrange this.
Can I assign a Romanian trademark?
A mark can be assigned or licensed, and the transaction is entered in the Trademark Register. A mark registered in an agent's name without the owner's consent can be claimed by the owner (Article 42).
Can a Romanian trademark be cancelled for non-use?
Any interested person can ask at any time during the protection period for the owner to be deprived of their rights if, over an uninterrupted period of five years from the end of the registration procedure, the mark has not been put to effective use in Romania for the registered goods or services without justified reasons. The same applies if the mark has become the usual name of the goods (Article 55).
How can I check the status of a Romanian trademark?
Use the the State Office for Inventions and Trademarks (OSIM) register and check the publication, registration and renewal dates.
Can I claim priority from my home country?
Priority under the Paris Convention, six months from the first filing, is recognised. We confirm the claim steps when we file.
How do I change the owner's name or address?
Record the change with the the State Office for Inventions and Trademarks (OSIM) so notices and renewal reminders reach the right address. Ask us for the current form.
Protect your brand in Romania
SUPREMEiP® files trademarks worldwide through its network and checks every Romanian deadline against the law. Send us your mark and we will tell you the route, the deadlines and the cost.
