Brand protection

This chapter provides some useful information on registration and protection of trade marks. By consulting this heading interested can get answers and point solutions to protect company signs, a slogan and other identifying elements of it.

to be registered at OSIM brand

In a competitive market, it is necessary for a business to have its own identity, to have a particular name, then be recognized by potential customers. Whether you talk about a product or service of a company, you need a set of elements to ensure its uniqueness and originality. By recording single brand, the company can prevent the piracy of products and services, and confundarea with other companies.

How to register

To register for the OSIM brand name or simply with a figurative element in accordance with Law 84/1998 on trademarks and geographical indications, you have to go the following steps:

• Is complete a form - FORM M 01 (available on www.osim.ro), in duplicate, one copy should be submitted to OSIM staff or by mail with acknowledgment of receipt, the form can be sent by fax provided to transmit and copy of the payment order from which the payment of 36 lei of filing, and also provided that within 30 days to form and be sent directly to the original seat or OSIM by mail with acknowledgment of receipt
• Whether the mark has a particular graphic (a writing other than standard or has a figurative element which accompanies the name) is required to attach 5 black and white reproductions of size 8 × 8 cm
• if you want to protect your brand in a specific combination of colors, will be attached to and 5 color reproductions of the same size
• will have to pay, with the application, a registration fee of demand for 36 RON, if you wish to request personal tax is paid in cash OSIM, if a mail should attach to request a copy of the order payment of showing payment mentioned.
• to examine the merits of cerererii registration mark is paid a fee (within three months from filing the application for registration) to be determined by the way shows make and appointment of classes for which to be registered. Classes listed refer to the activity object for which protection is sought by the mark and are in the International Classification of Trade Marks in Nice

International Classification of Trade Marks of Nice is similar to CAEN codes of Trade and the register includes structured classes, all activities that may take place a person or entity. The first class of 34 is addressed to those who are producers and classes from 35 to 45 are for those services.

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May not be registered as trade marks that:

• Not sufficiently distinguished from other marks on the goods or services identical or similar registered in Romania or protected under international conventions, except where registration is required or authorized by the holders of these marks
• Constitutes copying, imitating or translating a brand from another, well known in Romania for goods or services identical or similar
• Only include names that are or have become customary, necessary or generic products or services, or relate solely to the time and place of manufacture or the nature, destination, price, quality, quantity and weight of goods;
• Include, without authorization of law: name or portraits of leaders of state, names of organizations or administrative territorial units in Romania, reproductions or imitations of blazons, flags, orders, medals, badges and emblems, official signs marking , verification, quality control or warranty
• Include those referred to in paragraph above, from other States or international intergovernmental organizations, Dacia use is prohibited by the conventions to which Romania is party
• Contain false or misleading indications are contrary to law or public order and morality.

How store is a brand

Deposit can be made either directly or through an agent. If the deposit is made via a proxy (proxy adviser is authorized to industrial property which may have the quality of representation in proceedings before OSIM), it must have a purchase that will attach to the application for trademark registration.

Application for registration of a mark may be filed directly at OSIM registry or by mail. This shall be in Romanian, on a form and must contain:

• Applicant name as shown in the official acts of creation
• Headquarters applicant and the address where the recipient is located, and possibly address for correspondence, if necessary
• Name and name the trustee, if necessary
• Priority claimed, if any, and if priority is claimed first deposit (with reference state the date and number of proof) or exhibition priority
• Description of the mark: will paste a reproduction 6 / 6 cm per application instead indicated, or will write the name brand
• Colors claimed if the mark contains one or more colors for which protection is sought;
• Translation or transliterarea mark or elements of the mark, if appropriate
• List of goods and / or services for which the registration mark and covered the work holder
• Signature and stamp of the applicant or his representative.

Other documents required:

• Proof of payment of the registration fee and examination of the mark
• Reproductions of the mark, up 6 / 6 cm black and white very clear, if requested registration of a trade mark consists of a special graphic or figurative element. Where color is claimed and will be annexed and 5 color reproductions of the mark, up 6 / 6 cm
• Certificate of priority, if necessary
• List of enterprises entitled to use the collective mark and the rules of use thereof, if necessary.

What rights deriving from the registration of a mark

trademark rights holder are confirmed by the certificate of registratio

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