Law No. 84 Of 15 April 1998 On Marks And Geographical Indications

Original Language Title:  LEGE nr. 84 din 15 aprilie 1998 privind mărcile şi indicaţiile geografice

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Law No. 84 of 15 April 1998 (* updated *) (* republished *) trademark and geographical indications *) (updated until May 26, 2014 *)-PARLIAMENT ISSUING — — — — — — — —-*) form of this updated regulatory action until May 26, 2014 is carried out by the legal department within the S.C. "territorial Center of Electronic Computing" Piatra Neamt by including all the changes and additions brought about by EMERGENCY ORDINANCE nr. 28 of May 20, 2014.
The contents of this act is not an official document, being intended for the information of the user _ _ _ _ _ _ _ _ _ _ _ _ *) the Republished pursuant to art. 248 of the law nr. 187/2012 for implementing Law No. 286/2009 relating to the penal code, published in the Official Gazette of Romania, part I, no. 757 dated 12 November 2012, corrected in the Official Gazette of Romania, part I, no. 117 of 1 March 2013, with subsequent amendments, posing a new texts.
Law No. 84/1998 has been republished in the Official Gazette of Romania, part I, no. 350 of 27 May 2010 and was amended by law No. 76/2012 for implementing Law No. 134/2010 code of civil procedure, as published in the Official Gazette of Romania, part I, no. 365 of 30 may 2012, with subsequent amendments.


Chapter I General provisions Article 1 (1) the rights to the trade marks and geographical indications shall be recognized and protected on the territory of Romania, under the present law.
  

(2) this law shall apply to trade marks for products and services, individual, collective and certification, which are the subject of a registration or application for registration in Romania as a result of EU-wide protection on the way international, and geographical indications.
  

(3) natural or legal persons having their residence foreign respectively established outside the territory of Romania shall benefit from the provisions of this law, under the terms of international conventions concerning trademarks and geographical indications to which Romania is a party.
  


Article 2 may constitute trademark any sign capable of being represented graphically, such as words, including names of people, designs, letters, numerals, figurative elements, three-dimensional shapes and, in particular, the shape of goods or of their packaging, color, color combinations, holograms, sound signals, and any combination of them, provided that such signs are capable of distinguishing the goods or services of one undertaking from those of other undertakings.


Article 3 for the purposes of this Act, the words and expressions below are defined as follows: a) the trade mark-how to acquire the rights of a trade mark under this Act or of international treaties and conventions to which Romania is a party;
  

earlier mark b)-trademark, and trademark filed to be registered with the register of trade marks, provided that the later to be registered;
  

c) Community trade mark-trade mark registered in accordance with Regulation (EC) No 1782/2003. 207/2009 of 26 February 2009 on the Community trade mark, published in the official journal of the European Union (JOUE) L series nr. 78 of 24 March, 2009, hereinafter regulation on the Community trade mark;
  

d) well known name-brand widely known in Romania within the public sector concerned with the goods or services to which it applies, without the need for registration or use of the mark in Romania to be opposed;
  

collective mark e)-mark intended to serve to distinguish the goods or services of the members of an Association of the goods or services belonging to other persons;
  

f) certification mark-the mark which indicates that goods or services for which it is used are certified by the proprietor in terms of quality, material, mode of manufacture of products or the provision of services, accuracy or other characteristics;
  

g) geographical indication identifying the name of a product originating in a country, region or locality of a State where a quality, reputation or other characteristics to be determined can be essentially attributed to this geographical origins;
  

h) requesting the person on whose behalf it is lodged an application for registration of the mark;
  

I) holder-the person in whose name the trade mark is registered in the register of marks and can be any natural or legal person governed by public or private law;
  

j) professional representative, hereinafter referred to as the trustee-Advisor in industrial property, which can have the quality of a representative before the Office in respect of proceedings in the patent and Trademark Office, hereinafter "OSIM";
  

k) Register trademark database, managed by OSIM, which includes trademarks registered in Romania, as well as all the statements made in connection with such registration, regardless of the medium on which such data are kept;
  

l) geographical indications Registry-data collection, managed by OSIM, which includes geographical indications registered in Romania, as well as all the statements made in connection with such registration, regardless of the medium on which such data are kept;
  

m) Paris Convention-Convention for the protection of industrial property of March 20, 1883, as revised and amended, ratified by Romania by Decree nr. 1.177/1968, published in Official Gazette No. 1 of 6 January 1969;
  

n) for Paris Union countries-countries covered by the Paris Convention and which are represented in the Union for the protection of industrial property;
  

a the Madrid Arrangement)-the Madrid Agreement concerning the international registration of marks of 14 April 1891, as revised at Stockholm on 14 July 1967, ratified by Romania by Decree nr. 1.176/1968, published in Official Gazette No. 1 of 6 January 1969;
  

p) Protocol to the arrangement-the Madrid Protocol of 27 June 1989 relating to the Madrid Agreement concerning the international registration of marks, ratified by Romania by law No. 5/1998, published in the Official Gazette of Romania, part I, no. 11 of 15 January 1998;
  

q) Regulation on the Community trade mark-regulation (EC) No 1782/2003. 207/2009 of 26 February 2009 on the Community trade mark, published in the official journal of the European Union (JOUE) L series nr. 78 of 24 March 2009;
  

r) Enterprise-any entity engaged in an economic activity, regardless of the nature of its legal or its mode of funding.
  


Chapter II protection of marks in article 4 (1) the right to the mark is acquired and protected through its registration at OSIM.
  

(2) Community trade marks enjoy protection on the territory of Romania, in accordance with the provisions of the regulation on the Community trade mark.
  


Article 5 (1) are denied registration or may be declared null and void if they are registered for the following reasons: a the absolute) signs which cannot constitute a trade mark within the meaning of art. 2;
  

b) trade marks which are devoid of any distinctive character;
  

c) trade marks which consist exclusively of signs or indications which have become customary in from the current language or in fair trade practices and steady;
  

d) trade marks which consist exclusively of signs or indications which may serve from commercially to designate the kind, quality, quantity, intended purpose, value, geographical origin or time of manufacture of the product or rendering of the service, or other characteristics of the goods;
  

e) marks consisting exclusively of the shape of goods which is required by the nature of the product, or it is necessary to obtain a technical result or gives substantial value to the goods;
  

f) trade marks which are likely to mislead with regard to geographical origin, quality or nature of the goods or service;
  

g) trade marks which contain geographical indication or are made up of such an indication, in respect of products not originating in the territory indicated, if use of the indication is likely to mislead about the true place of origin;
  

h) trade marks which consist of or contain a geographical indication identifying wines or spirits which are not originating in the place indicated;
  

I) trade marks which are contrary to public policy or to accepted principles of morality;
  

j) trade marks which contain, without the consent of the proprietor, or patronym of a person who has a reputation in Romania;
  

k) trade marks which include, without the authorization of the competent organs, reproductions or imitations of coats of arms, flags, state emblems, insignias, seals and official guarantee, coats of arms, belonging to the Union countries and covered by article 3. 6 ter of the Paris Convention;
  

l) trade marks which include, without the authorization of the competent organs, reproductions or imitations of coats of arms, flags and other emblems, acronyms, initials or names subject to art. 6 ter of the Paris Convention and international intergovernmental organizations that belong to which one or more countries of the Union;
  

m) trade marks which contain signs with high symbolic value, in particular a religious symbol;
  

n) trade marks which contain, without the authorization of the competent bodies, badges, emblems, coats of arms, heraldic signs other than those envisaged by art. 6 ter of the Paris Convention.
  

(2) the provisions of paragraphs 1 and 2. (1) (a). b)-d) does not apply where, before the date of filing of the application for registration, the mark has acquired distinctive character in consequence of use.
  


Article 6 (1) outside the reasons referred to in article 1. 5 para. (1) a trademark is refused registration, or, where appropriate, is likely to be cancelled for the following reasons: relative
  


a) is identical with an earlier trade mark, and the goods and services for which the mark is applied for or is registered are identical with those for which the earlier trade mark is protected;
  

b) where, for reasons of identity or similarity in relation to the earlier trade mark, and for reasons of identity or similarity of the goods or services covered by the two trade marks, it can create, in the perception of the public, a likelihood of confusion, including the likelihood of association with the earlier trade mark.
  

(2) The meaning of paragraph 1. (1) are registered trade marks of the filing date of which is earlier than the date of filing of the application for registration of the trade mark, or, where appropriate, of the right of priority claimed its support and belonging to the following categories: a) Community trade marks;
  

b) in Romania;
  

c) trademarks registered under international arrangements having effect in Romania;
  

d) Community trade marks in respect of which it is invoked, valid, anterior length of under the provisions of the regulation on the Community trade mark, the trade mark against one referred. b) or c), even if the latter trade mark has ceased to exist or has been surrendered;
  

e) applications for registration of trade marks referred to in subparagraph (a). a)-d), under the condition that the subsequent registration of marks;
  

f) trade marks which, on the date of filing of the application for registration of the trade mark, or, where appropriate, the date of priority claimed, are notorious in Romania within the meaning of art. 6 bis of the Paris Convention.
  

(3) a mark shall also be refused registration, or, where it was registered, it is liable to be cancelled if it is identical with, or similar to, a mark in relation to the earlier community within the meaning of paragraph 1. (2), and if it was intended to be registered is already registered for goods or services which are not similar to those for which the earlier Community trade mark is registered, where the earlier Community trade mark enjoys a reputation in the European Union and by the use of the later mark if it would get takes unfair advantage of the distinctive character or the repute of the Community trade mark from above.
  

(4) a mark shall also be refused registration, or, where it was registered, it is liable to be cancelled if: a) mark is identical or similar to an earlier trade mark registered in Romania within the meaning of paragraph 1. (2), and whether it is intended to be registered is already registered for goods or services which are not similar to those for which the earlier mark is registered, when the earlier mark enjoys a reputation in Romania and if through the use of the later trade mark would get takes unfair advantage of the distinctive character and the repute of the earlier trade mark or if the use would be detrimental to, the distinctive character or the reputation of the earlier mark;
  

b) rights arising from a non-registered trade mark or of another sign used in the business were acquired prior to the date of filing of the application for registration of the later trade mark or, as appropriate, prior to the date of the priority claimed through the application for registration of the subsequent trade mark and that non-registered trade mark or whether that sign confers on its proprietor the right used to prohibit the use of a subsequent trade mark;
  

c) there is a prior right, other than those referred to in paragraph 1. (2) (a). (d)), in particular the right to a name, a right of personal portrayal, a copyright, industrial property right;
  

d) mark is identical or similar to a collective mark, affording them a right which has expired for not more than 3 years before the date of filing;
  

e) mark is identical or similar to a mark of previous certification, whose validity ceased more than 10 years before the date of filing;
  

f) mark is identical or similar to an earlier trade mark registered in relation to goods or services which are identical or similar, affording them a right which has expired for reasons of non-not more than 2 years before the date of filing, provided that the proprietor of an earlier trade mark to be given consent to the registration of the later mark or did not use his trade mark;
  

g) trademark can be confused with a mark which was in use abroad on the date of deposit of the application and which continues to be used there, if the request was made in bad faith by the applicant.
  

(5) a mark shall also be refused registration when registration is applied for by the agent or representative of the proprietor in his own name and without the consent of the proprietor, if the trustee or the holder's representative did not provide proof that it has the right to ask for this registration.
  

(6) a trade mark shall not be refused registration or, where appropriate, the registration shall be cancelled when the proprietor of the earlier mark or of the earlier right consents to the registration of the later trade mark.
  

(7) a trademark may be refused registration, or, where appropriate, is likely to be cancelled under the conditions laid down in article 21. 6 septies from the Paris Convention.
  


Article 7 the nature of the goods or services for which registration of the mark is sought does not constitute any obstacle to the registration of that person.


Chapter III Application for registration Article 8 the right to the trademark belongs to the applicant who submitted the first, according to the law, the application for registration of the mark.


Article 9 (1) the application for registration of the mark filed with OSIM, written in Romanian language and containing the particulars referred to in paragraph 1. (2) deposit of the mark constitutes filing.
  

(2) the application for registration shall contain the following elements: (a) explicit registration request) mark;
  

b) identification details of the applicant and, where appropriate, his procedural representative;
  

c) graphic, clear enough, of the mark whose registration is sought;
  

d) list of goods and/or services for which the trademark is sought;
  

e) proof of payment of the filing and publication of the application for registration of the mark.
  

(3) the application shall submit express endorsements when mark: a) contains one or more distinctive colors as an element of the claimed mark;
  

b) is three dimensional or another type than the verbal or figurative;
  

c) contains a transliteration or a translation of the mark or of certain elements of the mark.
  

(4) the application shall relate to one brand and is presented under the conditions laid down in the regulation) of this law.
  

_ _ _ _ _ _ _ _ _ _ *) see Judgment No. 1.134/2010 approving enforcement nr. 84/1998 on marks and geographical indications, as published in the Official Gazette of Romania, part I, no. 809 from December 3, 2010.

(5) an application for registration filed on the basis of the Madrid Arrangement or the Protocol Arrangement must satisfy the conditions of those treaties.
  

(6) the application for registration can be made at the Registry Office of OSIM, by post or by electronic means, under the conditions laid down in the regulation) of this law.
  


Article 10 (1) the date of deposit is the date on which filing was filed with OSIM, the application for registration of the mark under the conditions in which it contains all the elements referred to in article 1. 9 para. (1) and (2) When an application for registration of the mark has been filing filed for the first time in another Member State of the Paris Union or a member of the World Trade Organization, the applicant may claim the date of first deposit through an application for registration of the same trade mark in Romania, provided that the latter application to be filed with OSIM within 6 months from the date of the establishment of the first deposit.
  


Article 11 (1) if the applicant has submitted that certain products and services under a mark within an international official or officially recognised within the meaning of the Convention relating to international exhibitions, signed at Paris on 22 November 1928, ratified by Romania by law No. 246/1930, revised on 30 November 1972, held on Romanian territory or in a Member State of the Paris Convention, and if an application for registration of the mark under which such products and services was filed on OSIM within a period of 6 months from the date of the first display in the exhibit, the applicant shall enjoy a right of priority of the date of placing the product in the exhibition.
  

(2) the period of six months referred to in paragraph 1. (1) will not extend the period of priority laid down in article 21. 10 para. 2. Article 12 (1) the rights of priority under article 4. 10 and 11 must be invoked with the filing of the application for registration of the mark, justified by acts of priority and are subject to legally established tax.
  

(2) priority documents shall be filed and the fee paid within the legal maximum 3 months from the date of application for registration of the mark.
  

(3) failure to comply with the time limit referred to in paragraph 1. (2) failure to attract the priority claimed.
  


Article 13 (1) registration of a trade mark can be requested individually or jointly by any person, either directly or through a trustee, subject to the conditions provided by law, and the regulation *) for the application of this law.
  

(2) the applicant's Representation by a professional representative is mandatory when the applicant has neither domicile nor headquarters and no effective industrial or commercial establishment and functioning within the European Union or in the European Economic area, with the exception of the procedure for the submission of the application for registration of the mark.
  


Article 14 the applicant the application for registration of the mark shall communicate, within a period of 3 months after filing at OSIM, proof of payment of the registration fee and the examination of the application, the amount required by law.


Article 15


(1) the applicant the application for registration of the mark, which refers to several products or services may require the Division of the application at OSIM in two or more applications, repartizând products or services within the divisional applications, with payment of the prescribed fee.
  

(2) the Divisional Applications shall retain the filing date of the initial application and, where applicable, the benefit of the right of priority, acquired under art. 10 para. (2) or article 10. 11(2). (1) and (3) the applicant may apply to the Division of the application during initial examination of OSIM trade mark, pending a decision on its registration, as well as in the proceedings of the Commission of appeals of OSIM or during any appellate proceedings or appeal lodged against the decision on registration of the mark.
  

(4) the applicant shall submit the required documents by OSIM for the initial Division of the application and will pay legal fee within 3 months from the date of application for the Division. Otherwise, OSIM will acknowledge that the applicant has waived the initial Division of the application.
  


Chapter IV procedure for trademark registration in article 16 (1) within one month from the date of receipt of the application for trademark registration, OSIM shall examine whether the conditions laid down in article 21. 9 para. (1) and, if so, assign the date of filing application.
  

(2) where the application does not satisfy the conditions laid down in article 21. 9 para. (1) the applicant shall notify the privations for the application, with a deadline of three months for the submission of entries. Where the applicant fills in the gaps within notified by OSIM, the date of deposit shall be that on which the application for registration of the mark has been completed in accordance with art. 9 para. (1). Otherwise, the request is rejected.
  

(3) If the registration fee and the examination of the application is not paid within the time limit provided for in art. 14, OSIM may award the applicant, for good reasons, yet within two months.
  

(4) in the case of non-payment of fees within the applicant is deemed to have abandoned the registration of the mark and the claim is rejected.
  


Article 17 the application for registration of the mark having date of filing shall be published in electronic format, not later than 7 days after the date on which, under the conditions laid down in the regulation) of this law.


Article 18 within two months from the date of publication of the application for registration of the mark pursuant to art. 17, any interested person may make observations on the application for trademark registration for reasons of refusal referred to in article 1. 5. Article 19 (1) within two months from the date of publication of the application for registration of the mark pursuant to art. 17, any person may oppose the registration of the mark for reasons of refusal referred to in article 1. 6. (2) Oppositions shall be formulated in writing, with reasons, and upon payment of the prescribed fee.
  

(3) at the request of the applicant, proprietor of the opposing that presents evidence that: (a) the OSIM) during a period of five years preceding the date of publication of the mark upon which the opposition was filed, the earlier mark has been put to effective use on the territory of Romania for the goods and services for which it was registered;
  

(b) there are grounds for justified) non-use of the trade mark on which the opposition was made.
  

(4) in the case of non-payment of legal fees for the opposition is deemed not to have been made.
  


Article 20 (1) shall notify the applicant of the application for trademark registration, opposition immediately made, indicating the name of the person who made it, and the reasons of the opposition concerning the registration of the mark.
  

(2) within 30 days after the date of notification of the opposition, the applicant may submit his point of view.
  

(3) the resolution of the opposition may be suspended in the following circumstances: a) when it is based on an application for registration of the mark, up to its registration;
  

b) opposite mark is the subject of proceedings for revocation or cancellation, up to the final resolution of the case.
  

(4) during the suspension, at any time, the applicant or the opponent may request reinstatement of opposition resolution, if the reason for suspension is no longer subsist.
  


Article 21 (1) Opposition made in respect of the application for registration of the mark was published by a deciding within the service marks and geographical indications of OSIM, according to Regulation *) for the application of this law.
  

(2) the Commission shall issue a notice of acceptance or rejection of the opposition, which is under consideration at the examination on the merits.
  

_ _ _ _ _ _ _ _ _ _ *) see footnote to article 1. 9 para. (4) Article 22 (1) examine the substance of the application for trademark registration and the registration of the trade mark, decides admission in whole or in part, or rejecting the application for registration of the mark, within a maximum of six months from its publication, on condition of payment of fees for registration and examination of the application provided for by law.
  

(2) Repealed.
  

— — — — — — — — — —-. (2) of article 9. 22 was repealed by article. VII of the EMERGENCY ORDINANCE nr. 28 of May 20, 2014, published in MONITORUL OFICIAL nr. 388 dated 26 May 2014.

(3) OSIM shall examine: (a) the applicant, in accordance with the quality) art. 3 (a). h) and (j)), if applicable;
  

(b) the conditions referred to in article). 12(3). (1) and (2) whether the application claiming a priority;
  

c) grounds for refusal laid down in article 21. 5 para. (1) and, where appropriate, the comments made.
  

(4) where the oppositions have been formulated with respect to the application for registration of the mark for the grounds for refusal laid down in article 21. 6, opinion of the Commission pursuant to article 114. 21. (1) it is mandatory for the examination on the merits.
  

(5) in the case of non-compliance with the time limits specified in paragraph 2. (1) and (2) OSIM shall be obliged to refund the charges levied.
  


Article 23 (1) When a nonessential element of the trade mark is devoid of distinctive character and if this item is such as to create doubts as to the scope of protection of the mark, OSIM require the applicant to declare, within two months of its notification, that does not invoke an exclusive right to such element. The Declaration shall be published together with the trademark.
  

(2) in the absence of the Declaration referred to in paragraph 1. (1) the application for registration of the mark shall be rejected.
  


Article 24 (1) examination of grounds for refusal relating to a matter of brand is done according to criteria such as degree of distinctness of), initial or acquired, the notorious trade in Romania;
  

(b) the duration and extent of use) in Romania of the notorious trade mark in relation to goods or services for which a trade mark is sought to be registered;
  

c) duration and extent of the notorious trade mark advertising in Romania;
  

d) geographical area of use of the mark in the notorious Romania;
  

e) awareness of the notorious mark on the Romanian market by segment of the public to whom it is addressed;
  

f) existence of identical or similar marks in relation to goods or services which are identical or similar, belonging to another person than the one who claims that his trade mark is well-known.
  

(2) to examine the reasons for the refusal, on the basis of the criteria laid down in paragraph 1. (1), may request from OSIM, public authorities, public institutions and legal persons in private law documents, in order to establish notoriety of the trade mark in Romania.
  


Article 25 where a reason for refusal of those referred to in article 1. 6, applies only to certain products or services for which registration of the mark was requested, the registration will be denied only to those products or services.


Article 26 (1) If, following the examination of the application under art. 22 and 24, the fulfilment of the conditions laid down by law, OSIM shall decide the trade mark. The mark shall be published in the official bulletin of industrial property, in electronic format, not later than two months from the date of registration, OSIM shall issue the certificate and trade mark only after payment of the publication fee and release.
  

(2) If the application does not meet the conditions for registration of the mark, it shall notify the applicant, OSIM gave him a three-month period in which it can present their views or to withdraw the request. The term may be extended for a further period of three months, at the request of the applicant and upon payment of the prescribed fee.
  

(3) upon expiry of the period referred to in paragraph 1. (2) OSIM shall decide, where appropriate, the registration of the mark, the rejection of the application for trademark registration times will take note of the withdrawal of the application.
  


Article 27 (1) the applicant may, at any time, to withdraw the application for trademark registration or to limit the list of goods or services. When the brand has already been published, the withdrawal or limitation shall be published in the official bulletin of industrial property.
  

(2) the application for registration of the mark may be amended, upon request of the applicant, only to correct the name or address of the applicant or other corrections to the image does not affect the essential trademark or not extending the list of products or services.
  

(3) any changes sought by the applicant up to the record, which substantially affects the brand or product list times of services, shall be the subject of a new application for trademark registration.
  


Article 28 during the procedure for registration of the trade mark, the applicant may ask for what you need and acts which it considers necessary, if there is doubt as to the accuracy or the content of the elements of the application for trademark registration.


Article 29 (1) as soon as the OSIM shall enter in the register of trade marks in respect of which those marks took a decision.
  

(2) the inclusion of the registration of the mark in the register of marks is subject to the duties provided by law.
  


(3) After entry in the register of marks, OSIM shall issue the certificate of trademark registration.
  

(4) the register of trade marks is public.
  


Chapter V duration, renewal and alteration of the registration of the trade mark in article 30 (1) the registration of the mark shall take effect as from the date of filing of the mark of the warehouse for a period of 10 years.
  

(2) at the request of the proprietor, the trade mark may be renewed upon each period of 10 years, on payment of the prescribed fee.
  

(3) an application for renewal of registration of the trade mark may be submitted before the expiry of the term of protection, but not earlier than 3 months before the expiry of periods.
  

(4) Renewal of the registration of the mark operate beginning on the day next following the expiration of the term of protection.
  

(5) the fee for renewal of the registration of the mark is due with the application for renewal; the fee may be paid in the next 6 months and after the expiry of the term of protection, with the increase provided for in law.
  

(6) failure to pay tax under the conditions laid down in paragraph 1. (5) the revocation is sanctioned with the holder of the right to the trademark.
  


Article 31 (1) an application for renewal of registration of the trade mark shall contain: a) the specific request of the renewal of the registration of the trade mark;
  

b) identification details of the holder and, where appropriate, the name and domicile of the agent's headquarters, respectively;
  

c) the registration number of the mark in the register of marks;
  

(d) the filing date of the warehouse) application for registration of the mark.
  

(2) where the holder requests the renewal for only some of the goods and services listed in the trade mark Register, it will indicate and the names of those goods or services for which the renewal of the trade mark.
  


Article 32 (1) If OSIM finds that conditions are not met the prescribed for the renewal of the trade mark, it shall notify the holder, who may submit a reply within three months of receipt of the notification; in the absence of a response within the application for renewal of registration of the mark shall be rejected.
  

(2) the applicant for the request for renewal can challenge the decision to refuse the renewal of the registration within the time limit and with the procedure laid down in article 21. 86. Article 33 (1) the renewal of the trade mark shall be entered in the register of marks and shall be published in the official industrial property Gazette, not later than 3 months after the submission of the request for renewal of OSIM.
  

(2) the inclusion in the register of trade marks trade mark renewal is subject to the duties provided by law.
  

(3) OSIM shall issue to the holder a certificate of renewal of registration of the trade mark.
  


Article 34 (1) the term of protection of the trade mark, the proprietor may request OSIM, with payment of the prescribed fee, the introduction of non-essential modifications of certain elements of the mark, under the condition that these do not affect the distinctive character of the mark; list of products and services cannot be extended.
  

(2) OSIM will enter in the register of marks amendments, in accordance with paragraph 1. (1), and shall publish the mark, as amended.
  


Article 35 throughout the period of protection of the trade mark holder may request OSIM, with payment of the prescribed fee, enrollment changes regarding name, business name, address or registered office of the holder in the register of marks. The amendments entered in the register of marks shall be published in the official bulletin of industrial property.


Chapter VI Rights conferred by the trade mark in article 36 (1) the registration of the trade mark confers on its proprietor an exclusive right to the trade mark.
  

(2) the proprietor may request the competent court to prohibit third parties to use in their commercial activity, without his consent: (a) any sign which is identical with the trade mark), in relation to goods or services which are identical to those for which the mark is registered;
  

b) any sign where, because of the fact that it is identical with or similar to a trade mark and the goods or services covered by the trade mark are identical or similar, there is a likelihood of confusion in the perception of the public, including the likelihood of association between the sign and the trade mark;
  

c) any sign which is identical or similar to the trade mark, in relation to goods or services different from those for which the mark is registered, when the latter has gained a reputation in Romania and if non-use of the sign would be detrimental to the distinctive character of the mark at the expense of its renown times.
  

(3) In accordance with paragraph 1. (2), the proprietor may request to be prohibited to third parties, in particular the following acts: a) the application of the sign on goods or packaging;
  

b) offering the goods or their marketing times holding for that purpose or, where appropriate, providing or rendering services under the sign;
  

c) release for free circulation, export, import, placing under a suspensive customs procedure or economic, as well as any other customs, as these are defined in the customs rules, products under the sign;
  

d) using the sign on the documents or for advertising.
  


Article 37 (1) the applicant the application for registration of the trademark may require the third parties to be prohibited from carrying out the acts referred to in article 1. 36 para. (2) only after its publication.
  

(2) the acts specified in paragraph 1. (1) the application for publication later committed trademark registration, the applicant may claim damages, according to the common law. The title for the payment of damages is enforceable only after the date of registration of the mark.
  

(3) where an application for trademark registration has been rejected, the applicant is not entitled to compensation.
  


Article 38 (1) the right to the trade mark proprietor is exhausted, while other people cannot prohibit its use in relation to goods which have been put into Commerce in the European Union and the European Economic area under that trade mark by the proprietor himself or with his consent.
  

(2) the provisions of paragraphs 1 and 2. (1) shall not apply if there are reasonable grounds justifying opposition to the holder of the marketing of products, especially where the condition of the products is modified or altered after putting them in the trade.
  


Article 39 (1) requires the proprietor may not prohibit a third party to use its commercial activity: a name/denomination) or address/registered office holder;
  

b) indications which refers to the kind, quality, intended purpose, value, geographical origin, the time of manufacture of the product or rendering of the service under the brand, and any other characteristics of the goods;
  

c brand, if that) it is necessary to indicate the intended use of the goods or service, particularly for accessories or replacement parts.
  

(2) the provisions of paragraphs 1 and 2. (1) shall apply on condition that the use by a third party of the elements referred to in ) and c) are compatible with fair practice in the field of industrial times.
  


Chapter VII rights upon the trade mark Article 40 (1) of the trade mark rights are transmissible by assignment, licence or testamentary.
  

(2) it is also considered the transmission of rights and enforcement of the debtor, the holder of the trade mark, which is carried out in accordance with the law.
  

(3) the inclusion of rights in the disputed trade marks shall be suspended until such time as a final remaining judgments about them.
  


Article 41 (1) the rights in respect of the trade mark may be transferred by assignment, independently of the transmission of the trade in which it is incorporated. The assignment must be made in writing and signed by the parties, on pain of nullity.
  

(2) the transmission by assignment of rights on the mark can be made for all the products or services for which the mark is registered, or only some of them; assignment, even partial, may not use the trade mark for territorial limit the goods or services to which it refers.
  

(3) if the proprietor of the patrimony is transmitted in its entirety, this transmission has the effect and transfer of rights in respect of a trade mark. Transmission of elements of the holder does not affect the quality of the holder of the trade mark law.
  

(4) trade marks which are identical or similar, belonging to the same holder and are used in relation to goods or services which are identical or similar, cannot be transmitted through assignment than entirely and only by one person, on pain of nullity of the Act of transmission.
  


Article 42 (1) the application for registration of an assignment will be accompanied by proof of the change of the proprietor.
  

(2) OSIM shall reject the entry of the transmission of the assignment if it is apparent that the public is misled as to the nature, quality or geographical origin of the goods or services for which the mark is registered, except for the situation where the beneficiary agrees to limit transmission transmission of the mark to goods or services for which the trademark is not misleading.
  

(3) at the request of the person concerned and upon payment of the prescribed fee, OSIM shall enter in the register the assignment of marks and publish it in the official bulletin of industrial property. The assignment may be relied on as against third parties from the date of its publication.
  


Article 43 (1) the proprietor may, pursuant to a license agreement, authorize other persons to use the trademark on the whole Romanian territory or in a part thereof, in respect of all or only some of the goods or services for which the mark is registered. Licenses may be exclusive or non-exclusive.
  


(2) the holder of the trade mark may invoke the rights conferred by the mark against you that has violated the terms of the licence, in respect of the duration of use, the appearance and the nature of the goods or services for which the license was granted, the territory on which the trademark may be used, the quality of the products manufactured or services provided by licensed under the trade mark in respect of which the licence was granted.
  

(3) the duration of the license contract, the licensee is obliged: a) to use, in respect of products covered by the mark, but the mark which is the subject of the contract, having, however, free to apply these products signs indicating that it is the manufacturer thereof;
  

b) to put the words under license alongside mark affixed to products covered by it, in accordance with the contract.
  

(4) Licences shall be entered in the register of marks, upon payment of the prescribed fee, and shall be published in the official bulletin of industrial property. The license may be relied on as against third parties from the date of its publication.
  


Article 44 (1) If the license agreement does not otherwise stated, you may not enter a legal action for infringement without the consent of the proprietor.
  

(2) the holder of an exclusive licence may bring an action for infringement if, once notified to the proprietor of the infringements of which he is aware, the Council has not acted within the time requested by the licensee.
  

(3) where an action for infringement has been initiated by the holder or any of its licensees may intervene in the lawsuit, asking for compensation for damage caused by the infringement of the trade mark.
  

(4) the lack of inclusion of an OSIM shall not affect licenses: a) validity of the registration mark to make the object of the licence with respect to the protection of the trade mark licence;
  

b) intervention in an action for infringement committed by the holder of the times getting in this proceeding, damages as a result of infringement of a trade mark which make the object of the licence.
  

(5) the inclusion of license is not a prerequisite for using the placing of the licensee may be regarded as the equivalent of an act for use by the holder in proceedings relating to the acquisition, maintaining the validity of the defence of rights concerning that mark.
  


Chapter VIII Extinguishment of rights to the trade marks Article 45 (1) the holder may renounce the trademark for all or only some of the goods or services for which the mark is registered.
  

(2) the surrender of the mark shall be declared in writing to OSIM by the proprietor or by any person authorised by it, and the rights of the trade mark shall be extinguished with regard to products and services to which the mark relates, at the date of entry of the surrender in the register of marks.
  

(3) If a licence has been registered, surrender shall be entered only the trademark if the proprietor is the evidence that the licensee has notified about the intention to abandon the mark.
  


Article 46 (1) Any interested person may apply to the Court of Bucharest, at any time during the term of protection of the trade mark, or revocation of the proprietor of the rights conferred by the trade mark if: a) without duly justified reasons, within a continuous period of five years reckoned from the date of entry in the register of trade marks, the trade mark has not been put to genuine use in the territory of Romania for the actual goods or services for which it was registered, or if such use has been suspended for an uninterrupted period of five years;
  

(b) the date of registration), the brand became, as a result of the action or inaction of the holder, the common name in the trade for the product or service for which it was registered;
  

(c) the date of registration) and as a result of the use of the trade mark by the proprietor or with his consent, the mark has become liable to mislead, particularly as to the nature, quality or geographical origin of the products of the time services for which it was registered;
  

d) mark was registered in the name of a person not having the quality of the article. 3 (a). h) and (i)).
  

(2) shall be treated as effective use of the mark: a) use of the mark in a form differing from that recorded by certain elements which do not alter the distinctive character thereof;
  

b) impossibility of using the mark from circumstances beyond the control of the holder, such as import restrictions or other provisions of public authorities regarding the goods or services for which the mark is registered;
  

c) marking on products or packaging exclusively for export;
  

d) use the trade mark by a third party having the consent of the proprietor or by any person who has authority to use a collective mark or a certification mark, considered as a use of the mark by the holder himself.
  

(3) a holder may not be deprived of his rights if, during the period from the expiry of the period referred to in paragraph 1. (1) (a). until the presentation) and the application for revocation, the mark was actually used. However, if you are starting or restarting of the use of the trade mark took place three months before the Court of the application for revocation, the use of the trade mark shall not be taken into account where preparations for the commencement or resumption of use intervened only after the proprietor becomes aware that could be a request for revocation.
  

(4) proof of use of its trade mark holder's responsibility and may be made by any means of proof.
  

(5) the Revocation takes effect on the date of the application for revocation in court.
  

(6) the trade mark from the register of trade marks are deleted and the deletion has been published in the official bulletin of industrial property.
  


Article 47 (1) cancellation of the registration of the trade mark may be requested by the Tribunal of Bucharest anyone interested, for any of the following reasons: a) the trade mark has been done with non-compliance with the provisions of article. 5 para. (1);
  

b) registration of the mark has been made with non-compliance with the provisions of art. 6;
  

c) registration of the mark was applied for in bad faith;
  

d) trade mark right to the father's name or image of a person;
  

e) trademark prejudice previously acquired rights in respect of a protected geographical indication, a drawing or a protected design or other industrial property right protected times regarding copyright.
  

(2) the cancellation on the grounds referred to in paragraph 1. (1) (a). c) may be brought at any time within the period of protection of the mark.
  

(3) the period within which may be required for cancellation of the registration of the trade mark grounds referred to in paragraph 1. (1) (a). a), b), d) and (e)) is 5 years old and run from the date of registration of the mark.
  

(4) the registration of the trade mark shall be cancelled on the grounds of the existence of a conflict with an earlier mark if the latter does not fulfil the conditions laid down in article 21. 46 para. (1) to (3).
  

(5) If the earlier mark has not been used only for some of the goods or services for which the mark is registered, the trade mark may be cancelled only for those goods or services for which the trade mark has not been used.
  


Article 48 (1) the proprietor of an earlier trade mark, which he tolerated in an uninterrupted period of five years the use of a later trade mark, may not request the cancellation, nor to oppose the use of the later trade mark for the goods or services for which that trade mark was later used, unless registration of the later trade mark which is applied for in bad faith.
  

(2) in the case referred to in paragraph 1. (1) the proprietor of the later registered shall not oppose the use of the earlier mark, although the latter may no longer be invoked against the later trade mark.
  


Article 49 where a plea relating to revocation or invalidity exists only for part of the goods or services for which the mark is registered, the revocation or nullity will take effect only in respect of those goods or services.


Chapter IX collective marks Article 50 (1) associations of manufacturers, producers, traders, service providers may apply for the registration of collective trademarks for INVENTIONS.
  

(2) the applicant for registration of a collective marks shall submit with the application or at the latest within 3 months from the date of notification by the OSIM, a regulation on the use of the collective trade mark. The application will be subject to the requirements laid down in article 21. 9. (3) The rules of use of the collective trade mark applicant the application for registration of the mark shall indicate the persons authorized to use the collective mark, the conditions which must be fulfilled in order to become a member of the Association, the conditions governing use of the mark, the reasons for such use may be prohibited by a member of the Association, and the penalties which may be imposed by the Association.
  

(4) the rules of use of the collective mark may provide that collective trademark may not be transmitted by the holder only with the agreement of all members of the Association.
  


Article 51 (1) outside the grounds for rejection set out for the application for registration of a trade mark, a collective mark individual is refused registration if: (a) the applicant does not have the quality) referred to in article 1. 50 para. (1);
  

b) are not fulfilled the requirements of art. 3 (a). e);
  

c use of Regulation) the trade mark is contrary to public policy or accepted principles of morality.
  


(2) After publication of the trade mark regulation and collective use of this mark, the proprietor of an earlier trade mark or a trade mark, as well as a prior right acquired with regard to the image of his patronym, a protected geographical indication, from a protected design or a copyright, and any other interested person may at OSIM within the period referred to in article 1. 19 para. (1) opposition to registration of the trade mark, the collective.
  


Article 52 (1) the proprietor of the collective mark shall notify any changes to the regulation for the use of the mark.
  

(2) the amendment to the regulations governing use of the mark takes effect only from the date of entry of the amendment in the register of marks. The modification is not mentioned in the register, if the rules of use of the trade mark, as amended, does not meet the requirements laid down in article 21. 50 para. 3. Article 53 Any interested person may petition the Court of Bucharest, at any time during the period of protection of the trade mark, or revocation of the proprietor of the rights conferred by a collective mark, when: a) without justifiable reasons, the mark has not been put to effective use in a continuous period of five years, calculated from the date of entry of the mark in the register of trade marks for goods or services for which the mark is registered;
  

b the holder of trademark) used under conditions other than those laid down by regulation or has not taken steps to prevent such use;
  

c) through use, the mark has become liable to mislead.
  


Article 54 (1) Any interested person may petition the Court of Bucharest undoing a collective trade mark within a period of 5 years from its registration, if there is one of the reasons laid down in article 21. 47 para. (1) (a). a), b), d) and (e)).
  

(2) where the registration of the trade mark was applied for in bad faith of the time mark is registered with the non-compliance with the requirements laid down in article 21. 50 para. (1) to (3), its cancellation may be requested of the Court by the person concerned in Bucharest, at any time during the period of protection of the mark.
  


Article 55 of the collective Marks shall be subject to the regime of individual brands, if this law does not provide otherwise.


Certification Marks chapter X of Article 56 (1) Certification Marks can be registered at OSIM by the legal person legally empowered to exercise control of the goods or services in respect of the elements referred to in article 1. 3 (a). f). (2) No registration of a trade mark may apply for the certification of legal entities manufacturing, importing or selling products or services other than those in the field of quality control.
  


Article 57 (1) an applicant for the registration of a certification trade mark shall submit with the application for registration submitted under article. 9, or at the latest within 3 months from the date of notification by the OSIM: the regulation of use of) mark certification;
  

(b) authorization or document) indicating the legal pursuit of certification activity times, if necessary, proof of the registration of a certification trade mark in the country of origin.
  

(2) Regulation will indicate the persons authorized to use the mark, the elements and features that must be certified by the mark, how competent certification authority shall check these features and to supervise the use of the trade mark, the fees payable for the use of the mark, the procedures governing dispute.
  

(3) Any natural or legal person, a provider of products or service provider, may be authorised to use the mark subject to certification under the provisions of the regulation for the use of the certification mark.
  

(4) the proprietor of a certification will permit the persons entitled to use the trade mark for goods or services that exhibit common characteristics, guaranteed by the rules of use of the mark.
  


Article 58 outside the grounds for rejection set out for the application for registration of a trademark, an individual certification is rejected for non-compliance with the registration provisions of art. 3 (a). f) and art. 56 and 57.


Article 59 (1) after the publication of the trade mark and the rules of its usage, the proprietor of an earlier trade mark or a trade mark, as well as a prior right acquired with regard to the image of his patronym, a protected geographical indication, from a protected design or a copyright, and any interested person may at OSIM within the period referred to in article 1. 19 para. (1) opposition to registration of the trade mark, certification.
  

(2) where a certification trade mark users not complying with the regulation, the holder may withdraw the authorisation to use the mark or apply other sanctions provided for in the regulation.
  


Article 60 (1) Any interested person may request the cancellation of the registration of the trade mark Court Bucharest, within five years from its registration if: (a)) there is one of the reasons laid down in article 21. 47 para. (1) (a). a), b), d) and (e));
  

b) registration of the mark has been made with non-compliance with the provisions of art. 3 (a). f). (2) where the registration of the trade mark was applied for in bad faith of the time mark is registered with the non-compliance with the requirements laid down in article 21. and article 56. 57 paragraph 3. (1) to (3), the person concerned may request the cancellation of the trade mark, the Court of Bucharest at any time during the term of its protection.
  


Article 61 (1) rights relating to the certification mark may be submitted by a legal person, the holder of the mark.
  

(2) upon the transfer of the certification mark shall be determined by decision of the Government.
  


Article 62 When a certification mark has ceased to be protected, it cannot be neither filed nor used before the expiry of a period of 10 years from the date of termination of protection.


Article 63 (1) Certification Marks shall be subject to the regime of individual brands, if this law does not provide otherwise.
  

(2) the fees prescribed by law shall apply to collective marks and certification marks.
  


Chapter XI International Trademark Registration in article 64 provisions of this law shall also apply to international registrations of marks made under the Madrid Arrangement or the Protocol Arrangement, which extend their effects in Romania, except in cases where these conventions are not otherwise provided.


Article 65 the international registration application for a trade mark recorded in the register of trade marks, according to the Madrid Arrangement, as well as an application for international trademark filed or written in the register of trade marks, in accordance with the Protocol Arrangement, will be examined by OSIM, with payment of the prescribed fee.


Chapter XII the Community trade mark in article 66 When an application for a Community trade mark is filed with OSIM pursuant to art. 25 para. (1) (a). b) of the regulation on the Community trade mark, OSIM shall enter the receipt of the application and without having to proceed to a review, sent to the Office for harmonization in the internal market, within two weeks, with payment of the prescribed fee, to file an application.


Article 67 a Community trade mark application or a Community trade mark may be converted into a national trade mark application pursuant to article 112-114 of the regulation on the Community trade mark (codified version), with the payment of fees for the procedure for examining an application laid down by national law.


Article 68 (1) the holder of an earlier mark registered in Romania or of an earlier trade mark which has been the subject of international registrations having effect in Romania, who submits an identical trademark intended to be registered as a Community trade mark for goods identical to those for which the earlier mark has been registered or listed in this mark, is entitled to registration of the Community trade mark application the earlier mark of seniority in respect of a Community trade mark registration in Romania.
  

(2) the proprietor of a Community trade mark who is the proprietor of an earlier trade mark and the same registered in Romania or who has been subject to international registrations having effect in Romania, in relation to goods or services which are identical with those for which the earlier mark was registered times listed in this mark, you can rely on previous seniority in Romania.
  


Article 69 the provisions of art. 91, 92 and of art. 93-95 shall apply to infringements of the rights holder and brought a Community trade mark.


Article 70 (1) Is inadmissible an action for infringement on the basis of a Community trade mark, against a national trade mark registered later, whose use was tolerated for a period of 5 years, provided that the deposit in national trade mark to have been conducted in good faith.
  

(2) That is limited only to the goods or services for which it is tolerated.
  


Article 71 Disputes involving the Community trade mark in respect of which the regulation on the Community trade mark courts assign jurisdiction of Community trade mark application, under art. 95 para. (1) the competence of the Court of first instance, Bucharest, who judges at first instance.


Chapter XIII on geographical indications in article 72 (1) of the geographical indications are protected in Romania products by registering them at OSIM, according to this law or international conventions to which Romania is a party, and can only be used by persons producing or marketing products that these indications were recorded.
  


(2) not subject to the registration procedure established by this law, geographical indications which have acquired or will acquire the protection on the path of bilateral or multilateral conventions concluded by Romania.
  

(3) the list of geographical indications whose protection is recognized in Romania, on the basis of the conventions referred to in paragraph 1. (2), shall be entered in the register of geographical indications OSIM and shall be published in the official bulletin of industrial property.
  


Article 73 (1) capacity to apply for the registration of a geographical indication for producer groups pursuing a production activity in the geographical area for products specified in the application.
  

(2) the registration of a geographical indication may be requested to OSIM, directly or through an agent, and is subject to the prescribed fee.
  

(3) the application for registration of a geographical indication shall contain the particulars required by regulation) for the application of this law.
  

_ _ _ _ _ _ _ _ _ _ _ *) see footnote to article 1. 9 para. 4. (4) within 3 months of the filing, OSIM shall examine the application and fulfilment of the conditions laid down in article 21. 75 and 76.
  


Article 74 (1) an application for registration of a geographical indication shall be published as provided in the rules of application of this law.
  

(2) within two months of the publication of the application, any person may make opposition to the registration of the geographical indication.
  

(3) Opposition to registration of a geographical indication shall be in accordance with the provisions relating to the settles.
  


Article 75 OSIM shall register the geographical indications and the applicants right to use them after the central public authority or, where appropriate, the competent authority of the country of origin of the applicant shall certify: the geographical indication) of the product to be registered;
  

b) products which can be marketed under this note;
  

c) the geographical area of production;
  

d) characteristics and the conditions for obtaining that products must meet in order to be marketed in this indication.
  


Article 76 Are excluded from registration geographical indications: a) do not conform to the provisions of art. 3 (a). g);
  

b) are generic;
  

c) are likely to mislead as to the nature, origin, method of obtaining and product quality;
  

d) are contrary to morality or public order.
  


Article 77 (1) if the application satisfies the conditions stipulated by law, the registration of the geographical indication for deciding in the register of geographical indications and of bringing its use to the applicant.
  

(2) the right to use the geographical indication, acquired by registering it, belongs to the Association's members enrolled in the list notified at OSIM.
  


Article 78 (1) within two months of the date of registration of the geographical indication, it is entered in the register of geographical indications.
  

(2) the inclusion of a geographical indication on the register of geographical indications and the release of the certificate of registration of the geographical indication and the granting of rights of use of it are subject to the duties provided by law.
  


Article 79 the registration of a geographical indication on behalf of a producer group shall not constitute the obstacle to registration of the same directions by any other association having the quality required by art. 73. Article 80 (1) the term of protection of geographical indications shall run from the date of filing the application at OSIM and is unlimited.
  

(2) the right to use a geographical indication shall be granted to the applicant for a period of 10 years, with the possibility of unlimited renewal, if the conditions under which this right has been acquired.
  

(3) an application for renewal is subject to the prescribed fee.
  


Article 81 the persons authorized to use the geographical indication products have the right to use it in Commerce, applied only on those products, the accompanying documents, advertisements, leaflets, and may apply the words registered geographical indication.


Article 82 (1) it is prohibited to use a geographical indication or its imitation by unauthorized people, even if it indicates the true origin of the products or add entries like: gender, type, imitation and the like.
  

(2) persons authorized by OSIM to use a geographical indication for wines or spirits products prohibit the use of this information to any other person for wines or spirits products which do not originate in the place suggested that geographical indication, even where the true origin of the product is expressly mentioned or in cases where the geographical indication is used in translation or accompanied by expressions such as: gender, the type and the like.
  


Article 83 the specialized central public authority may, ex officio or upon referral of a person concerned to the control of products put into circulation under the geographical indication.


Article 84 Right to use a geographical indication cannot be the subject of any submissions.


Article 85 (1) for the entire duration of the protection of geographical indication any interested person may petition the Court of Bucharest undoing, if geographical indication registration has been done with non-compliance with the provisions of art. 75 and 76.
  

(2) For failure to comply with the conditions of quality and product-specific characteristics of the area to which the geographical indication refers, central public authority or any other interested person may apply to the Court of Bucharest revocation of persons authorized by OSIM to use the geographical indication.
  

(3) the sentence of the Court shall be communicated to the Bucharest final remaining OSIM by the person concerned. OSIM radiates a geographical indication on the register of geographical indications and publish its deletion in the official bulletin of industrial property, within two months following the communication.
  


Chapter XIV protection of rights to the trade marks and geographical indications in article 86 (1) OSIM Decisions regarding applications for registration of trade marks, as well as applications concerning geographical indications can be appealed at this Office of any interested person, within 30 days of the communication or, where appropriate, from the publication of the registration of the mark or geographical indication, with the tax laws.
  

(2) Decisions concerning the assignment or registration with OSIM, the licence in the register marks can be appealed to this Office by the persons concerned within 30 days of the communication or, where appropriate, from their publication.
  

(3) Appeals brought in accordance with paragraph 1. (1) and (2) shall be a Committee to resolve the dispute within the OSIM.
  


Article 87 where the registration of a trade mark, the renewal of the registration or recordal of a change in the register of trade marks has been made clearly inaccuracy, OSIM may, within two months from the date of registration or from the date on which, if necessary, revoke the registration, renewal or motivated the inclusion modification; the revocation will be published in the official bulletin of industrial property.


Article 88 (1) Commission decision of Appeal reasoned, shall be sent to the parties within 30 days of delivery and can be contested with opposition to the Bucharest Court, within 30 days of the communication. Judgment of the Court of Bucharest is subject only to appeal to the Court of appeal.
  

(2) judgments given in the cases referred to in article 1. 36, 46, 47, 53, 54, 60 and 85 can be appealed.
  


Article 89 (1) At the request of the Court, OSIM shall submit its statements, documents and information necessary for the prosecution of the case with which it was endowed.
  

(2) all disputes relating to the marks given. citing holders
  


Article 90 (1) constitutes infringement and is punishable with imprisonment from 3 months to 2 years, or with fine, without committing to the following facts: a) a trade mark infringement;
  

b) putting into circulation of a product bearing a trade mark identical with or similar to a registered trade mark in relation to goods which are identical to similar times;
  

c) putting into circulation of products bearing a geographical indication which indicates or suggests that the product in question originates from a geographical area other than the true place of origin.
  

(2) a trade mark counterfeiting Through means achieving or use without the consent of the cardholder to third parties in commercial activity, of a sign identical with: a) the mark for goods or services which are identical with those for which the mark is registered;
  

b) which, given the identity or similarity to a brand identity or times because of the similarity of the products or services covered by the mark with the goods or services for which the mark is registered, it would produce in the public perception of a risk of confusion, including the likelihood of association with the trade mark;
  

c) identical with or similar to the products or services different from those for which the mark is registered, when it has acquired a reputation in Romania and if the use of that sign without good reasons one could take advantage of, the distinctive character or repute of the mark whenever the use of the sign would cause injury to the proprietor.
  


(3) by putting into service ' means the offering of goods or their marketing times holding for that purpose or, where appropriate, the provision of services under this times sign, as well as import, export, or transit of products under this sign.
  

(4) the acts referred to in paragraph 1. (1) do not constitute offences if they were committed before the date of publication of the mark.
  

(5) if the crime specified in paragraph 1. (1) (a). reconciliation of), removes criminal liability.
  


Article 91 (1) where the owner of an industrial property marks times of a geographical indication, or any other person who is engaged in the industrial property law with the consent of the holder to furnish proof that the right to property a credible industrial over geographic indication mark times be subject to illegal actions, present or imminent and that this action is likely to cause damage difficult to repair , may ask the Court to take provisional measures.
  

(2) the Court may order in particular: (a) a breach or termination) banning them;
  

b) take the necessary measures to preserve evidence. Are applicable to the provisions of Emergency Ordinance of Government No. 100/2005 regarding the enforcement of industrial property rights, as amended by law No. 280/2005, with subsequent amendments and additions.
  

(3) the procedural provisions applicable are contained in the provisions of the code of civil procedure relating to precautionary measures in the field of intellectual property rights.
  

(4) provisional measures may be ordered against an intermediary whose services are being used by a third party to infringe a right protected by this law.
  


Article 92 For damage caused through the committing of acts referred to in article 1. 90 persons can be liable to compensation, according to the common law.


Article 93 (1), the Court will be able to claim the applicant to provide any evidence available to prove that he is the holder of the right having been violated or whose infringement was inevitable.
  

(2) In cases where the evidence in support of the plaintiff under the control of the defendant, the Court may order that evidence be produced by the defendant, under the condition that you guarantee the confidentiality of information, in accordance with the law.
  

(3) the Court may order that the plaintiff to pay all damages caused to the defendant as a result of abusive exercise of procedural rights on the mark or geographical indication protected.
  


Article 94 the proprietor or, as appropriate, the specialized central public authority concerned may request that the court order the author of the infringement of the right to immediate information regarding the origin and distribution channels of the goods illegally, as well as information about the identity of the manufacturer of the time, the quantity of cargo trader manufactured, delivered, received or ordered.


Article 95 customs Powers relating to enforcement of rights over marks and protected geographical indications belong to the national tax administration Agency, according to the law.


Chapter XV Powers of the State Office for inventions and trademarks Article 96 OSIM is the specialized body of the central public administration, which provides the sole authority on Romanian territory protection of trade marks and geographical indications, according to the present law.


Article 97 in the field of trade marks and geographical indications, OSIM shall have the following duties: a) take, examine and publish applications for trademark registration;
  

b) examines trade marks registered or applied towards registration at the World Intellectual Property Organization, pursuant to the Madrid Arrangement or the Protocol Arrangement, recognizing or refusing their protection on Romanian territory;
  

c) take and publish applications for registration of geographical indications and their protection on the territory of Romania;
  

d) issue certificates of registration of trade marks;
  

e) issue certificates of registration of geographical indications and granted the right to use them;
  

f) organizes and keeps the register of trade marks and geographical indications Registry;
  

g) issuing certificates of priority for brands;
  

h) conducts research prior to registration of a trade mark;
  

I) administer, preserve and develop the national collection of marks and geographical indications and informative data base in the field;
  

j) co-operates with the Government organ and similar regional industrial property organizations; represents Romania in international organizations;
  

He edited the official publication) trademark and geographical indications on products and ensures the exchange of publications with similar national administrations and with international agencies and organizations;
  

It shall inform the European Commission) with regard to national provisions adopted for the purpose of transposing first Council Directive of 21 December 1988 on the approximation of the laws of the Member States relating to trade marks no. 89/104/EEC, published in the official journal of the European Communities (ECOJ) L series nr. 40 of 11 February 1989;
  

m) meets and other duties prescribed by law.
  


Chapter XVI transitional provisions and final provisions Article 98 (1) applications for the registration of trade marks in respect of which there has been a decision by the date of entry into force of this law shall be subject to its provisions.
  

(2) pending the entry into force of this law, the Government will approve the regulation for the implementation of *).
  

_ _ _ _ _ _ _ _ _ _ *) see footnote to article 1. 9 para. 4. Article 99 (1) this law shall enter into force three months after the date of its publication in the Official Gazette of Romania, part I *).
  

_ _ _ _ _ _ _ *) Law No. 84/1998 was published in the Official Gazette of Romania, part I, no. 161 of 23 April 1998.

(2) on the same date are hereby repealed:-Law No. 28/1967 on factory marks, trade and service, published in Official Gazette No. 114 of 29 December 1967;
-The judgment of the Council of Ministers No. 77/68 concerning the application of law No. 28/1967, published in Official Gazette No. 8 of 27 January 1968;
-The judgment of the Council of Ministers No. 1.057/1968 approving the composition, organization and functioning of the Commission for the settlement of disputes concerning marks of factory, trade and service, published in Official Gazette No. 66 of 17 May 1968;
-The judgment of the Council of Ministers No. 2.508/1969 establishment and sanctioning offences to legal norms concerning inventions, innovations and raţionalizările, as well as the marks of factory, trade and service, published in Official Gazette No. 159 from 31 December 1969;
-any other provisions contrary to this law.
* This law transposes Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks (codified version), published in the official journal of the European Union (JOUE) L series nr. 299 of 8 November 2008.
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