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Amendments to Trademark Laws

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Sep 02, 2012 (Newsletter Issue 13/12)
Romania
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New Instructions for Examinations


Romania’s PTO has issued new instructions for the examination of trademarks and geographical indications, in effect as of August 1, 2012.
The new instructions aim to optimize the workflow within the PTO and ensure a fast and efficient examination procedure.

Some of the changes are:
- All requests concerning new trademark and GI applications or existing registrations are to be processed immediately upon receipt.
- With regard to trademarks, the PTO will conduct an examination as to relative grounds for refusal (search for prior identical or confusingly similar trademarks). However, it is still unclear, whether earlier rights could be cited to refuse a trademark on the basis that it does not meet the general conditions for registration set forth in the law. Clarifications from the PTO regarding this are expected shortly.
- PTO provisions on the examination of trademarks will closely follow OHIM’s examination manual.
- PTO will analyze oppositions and/or observations requests without taking into consideration whether the examination fees for the application against which the opposition is filed, are paid.
- Expedite examination of trademarks must be requested when filing the application form. The fee for expedite examintation must be paid when filing the trademark application.
- In case of multiple oppositions they are analyzed and decided upon in chronological order.
- Minor changes will be made to the trademark application form.

For further information please also check the article of Ms Aura Campeanu here

Source: www.petosevic.com