Romania
GENERAL INFORMATION
Area: 238,397 sq. km.
Population: 18,847,234 (2025).
Capital: Bucharest.
Language: Romanian.
Currency: Leu.
GENERAL REMARKS
Romania is a member of the European Union since January 1, 2007 and NATO since March 29, 2004.
PATENTS OF INVENTION
LEGAL BASIS
- Law No. 64/1991 on Patents of Invention, in force since October 21, 1991, last amended on March 7, 2024 and republished on June 27, 2024.
- Implementing Regulations to the Patent Law No. 64/1991 as republished in the Official Gazette of Romania, Part I, No. 456/18.vi.2008.
- Law No. 611 of November 13, 2002 concerning Romania’s adhesion to the European Patent Convention.
- EEC Regulations No. 469/2009, 1901/2006 and EC Regulations No. 1610/1996.
- Law on Employees’ Inventions No. 83/2014, in force since June 29, 2014.
MEMBERSHIP IN INTERNATIONAL CONVENTIONS
- Paris Convention, Stockholm Act.
- Patent Cooperation Treaty (PCT), since July 23, 1979.
- European Patent Convention, since March 1, 2003.
- Agreement on a Unified Patent Court (UPCA), ratified on September 1, 2024.
FILING REQUIREMENTS
- Power of Attorney (bilingual, simply signed);
- Description, claims, drawings, abstract (may be filed in an international language, Romanian translation to be filed within two months from the filing date);
- Assignment from the inventor(s) to the applicant if the applicant is not the same as the inventor(s), to be filed until a decision is taken (original or notarized bilingual document);
- If priority is claimed, original or certified copy of the priority document(s) must be filed within sixteen months from the earliest priority date (but not for entering the Romanian phase of a PCT application).
REMARKS
National Phase of PCT: under Chapter I: 30 months; under Chapter II: 30 months.
Validity: issued after a formal preliminary and full examination – valid for 20 years from the filing date.
Annuities: accumulated and due with the granting decision; subsequent annuities are payable after the anniversary of the filing date.
Opposition: is entitled by a written and well-grounded request to ask for a partial or total cancellation of the granting decision within six months from the publication thereof.
TRADE AND SERVICE MARKS
LEGAL BASIS
- Law No. 84/1998 on Trademarks and Geographical Indications, in force since July 23, 1998, last amended on March 7, 2024.
- Decision for amending and completing the Government Decision No. 1134/10.11.2010 approving the Implementing Regulations to the Law 84/1998 on Trademarks and Geographical Indications, published in the Official Gazette No. 976/07.10.2022.
MEMBERSHIP IN INTERNATIONAL CONVENTIONS
- Paris Convention, Stockholm Act.
- Madrid Agreement, Stockholm Act.
- Madrid Protocol, since July 28, 1998.
FILING REQUIREMENTS
- An order letter mentioning the name and address of the applicant, the denomination of the mark(s), the type of mark(s), the residence of the applicant;
- Power of Attorney (not notarized);
- List of goods or services according to the International Classification;
- A print of the trademark (max. size 8 x 8 cm);
- Priority certificate, if any.
REMARKS
Kinds of protection: trade and service marks words, drawings, composition of colors, plastic forms, phonetic signals, or composition of these elements.
Classification: International.
Obligation to use the registered mark: compulsory. Non-use during any five-year period after the registration may lead to cancellation.
Duration – renewals: 10 years from the filing date, renewable for further periods of 10 years.
Opposition: possible within two months from the publication of the application.
INDUSTRIAL DESIGNS
LEGAL BASIS
- Law No. 129/1992 for the Protection of Industrial Designs, last amended on March 7, 2024 and republished on June 27, 2024.
MEMBERSHIP IN INTERNATIONAL CONVENTIONS
- Paris Convention, Stockholm Act.
- Hague Agreement, Stockholm Act, and Geneva Act, since December 23, 2003.
FILING REQUIREMENTS
- An application comprising the personal particulars of the applicant and of the author and the indication of the article or articles in which the industrial design is intended to be incorporated;
- A short description of the drawings (max 100 words);
- 10 graphic representations (one on tracing cloth and 9 copies) size 6 x 6 cm or a multiple of this size, max 18 x 24 cm;
- If priority is claimed, the legal document and the necessary fee;
- Power of Attorney (not notarized);
- Assignment, in the case that the applicant in Romania is not the same as the author (notarized).
REMARKS
Duration – renewals: after formal and substantive examination: 10 years. Extension: three additional 5-year periods.
Opposition: within two months from its publication anyone may contest the registration of an industrial design at the State Office.
DOMAIN NAMES
LEGAL BASIS
- There is no specific legislation although some regulations on the organization and management of country code top-level domain names do exist.
FILING
- ccTLD: .ro
- Applicant: individuals and legal entities.
- Local presence: not required.
REMARKS
Duration – renewals: one to ten years, renewable.
Uniform dispute resolution procedure: available (ICANN UDRP model) before WIPO Arbitration and Mediation Center.
To access the full content, please subscribe here.