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Amendments to Trademark Laws

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Jul 23, 2020 (Newsletter Issue 12/20)
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New Trademark Law in Force

As of July 13, 2020, a new Trademark Law entered into force, implementing the EU Directive 2015/2436 of the European Parliament and of the Council of December 16, 2015. For the time being, the implementing regulations of the Trademark Law are still pending. They are expected to be published by mid-September 2020.

The main changes concern the registration proceedings, allowing for a clearer extent of protection in respect of the goods and services as well as changes in the registration and opposition proceedings, streamlining the procedure and granting a precise registration date for the trademark.

Some of the most important changes include:
- Elimination of graphical representation requirement
- Possibility to register non-traditional signs such as sounds, holograms, multimedia marks
- Adoption of the literal interpretation of class headings when interpreting the scope of protection
- Option to clarify the scope of protection for existing trademark registrations covering class headings until September 30, 2020.
- Changes to opposition proceedings by introducing a number of new procedural steps, amending the date from which the opposition term is calculated and implementing a cooling-off period
- Elimination of possibility to contest a trademark application directly before the Appeals Committee
- Extending and clarifying absolute grounds for refusal and introducing additional absolute grounds for refusal.
- Introduction of administrative invalidity and revocation proceedings at the Romanian PTO starting from January 14, 2023

For further information, please see the article of our Country Index Partner Ratza & Ratza here

Source: Ratza & Ratza, Romania