For United Kingdom-based businesses expanding into the European Single Market, the protection of intellectual property (IP) has transitioned from a routine administrative task to a critical strategic imperative. Following Brexit, EU trademarks no longer provide protection in the UK, and UK IP rights no longer benefit from seamless coverage in the EU, obliging British entities to proactively secure protection across the European Single Market. In this landscape, Romania—as a key Eastern European market—has become a vital jurisdiction for establishing territorial exclusivity.
This article analyzes the technical legal framework of trademark protection in Romania, distinguishing between National and European routes, and detailing the procedural realities governed by Law no. 84/1998 on Trademarks and Geographical Indications.
The Strategic Choice: OSIM vs. EUIPO
A core component of any IP strategy is choosing the correct vehicle for protection. A foreign investor has two primary legal avenues to obtain protection in Romania:
- The European Union Trademark (EUTM): Managed by the EUIPO in Alicante, this provides a unitary title valid across all member states, including Romania.
- The National Trademark: Managed by the State Office for Inventions and Trademarks (OSIM) in Bucharest.
While the EUTM seems efficient, it carries a strategic risk: the “all-or-nothing” principle. A successful opposition based on prior rights in just one EU Member State (for example, a national registration in France or Malta) can block the entire EU application, leaving the brand unprotected in Romania. Consequently, savvy legal strategists often recommend a direct national trademark registration in Romania via OSIM. This creates a ring-fenced legal asset that remains valid even if the wider EU trademark faces litigation elsewhere.
The “First-to-File” Principle and Law 84/1998
Romania operates primarily on a “first-to-file” basis, not “first-to-use.” This means that common law rights (unregistered rights based on usage) are extremely difficult to enforce compared to the UK system. Under Law no. 84/1998, the proprietary right is acquired through registration.
For a UK business, this implies that entering the Romanian market without a registration certificate leaves the brand vulnerable to “bad faith” squatters. Once a third party registers a similar mark, reclaiming it requires complex litigation to prove bad faith, a burden of proof that is significantly higher than simply filing first.
The Procedural Path: Examination and Opposition
Securing a trademark is a quasi-judicial process involving strict statutory deadlines:
- Formal and Substantive Examination: OSIM examiners review the application for absolute grounds for refusal (e.g., distinctiveness, descriptiveness).
- Publication: Once accepted, the mark is published in the Official Industrial Property Bulletin (BOPI).
- The Opposition Window: This is the critical phase. Under the law, third parties have a strictly enforced two-month window from publication to file an opposition based on relative grounds (prior rights).
If an opposition is filed, the procedure becomes adversarial. It involves the exchange of arguments and evidence regarding the “likelihood of confusion” between the marks. The opponent must rely on earlier rights and demonstrate a likelihood of confusion under the criteria developed in EU and Romanian trademark case-law. This stage requires specialized legal representation, as the arguments are based on trademark jurisprudence, not merely visual similarity.
In the current global strategy, a trademark is not merely a logo; it is a negative right—the right to exclude others. Whether expanding a tech startup or a retail franchise, securing this right in Romania requires navigating specific statutory procedures. Reliance on general international protection is often insufficient. A robust defense strategy involves direct engagement with the Romanian trademark office, ensuring that the brand’s exclusivity is cemented by a national registration certificate.
Darie, Manea & Associates is a full-service law firm based in Bucharest, Romania, dedicated to providing expert legal counsel to both international and domestic clients. With a team of experienced attorneys, the firm specializes in a wide range of practice areas, including corporate and commercial law, real estate, debt recovery, intellectual property, and litigation. Our lawyers can assist with trademark registration both before OSIM and EUIPO, as well as with oppositions and infringement actions, ensuring that your brand is effectively protected in Romania and across the EU.
The firm prides itself on its deep understanding of the interplay between Romanian and European Union law, offering strategic guidance to help clients navigate a complex and dynamic legal landscape. For more information, visit rolegal.com.
