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Amendments to Trademark Laws

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Jan 12, 2023 (Newsletter Issue 1/23)
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New Administrative Procedure for TM Revocation and Invalidation

On 13 December 2022, Romania amended Law No. 84/1998 on Trademarks and Geographical Indications (GEO 169/2022) by Government Emergency Ordinance No. 169/2022, adopting significant amendments regarding the revocation and invalidation of trademarks.

Interested parties may now file an application for revocation or invalidity before the Romanian State Office for Inventions and Trademarks (OSIM) through an administrative procedure. Previously, the only possible route was through the Bucharest Court, which remains available as an alternative route.

A separate service of OSIM consisting of a three-member committee will handle the revocation and invalidation applications. These applications need to meet formal requirements before they will be transmitted to the defendant, who will be granted 30 days to file a statement of defense. The defendant’s response, if filed, will be transmitted to the plaintiff, who may file a counter-response within 10 days.

The IP Office’s revocation and invalidation decisions may be contested before the Bucharest Court within 30 days of receipt. The decisions of the Bucharest Court can be further appealed before the Bucharest Court of Appeal.

For more information, please check here and here