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Law No. 66 Of 31 March 2010 Amending And Supplementing Law No. 84/1998 On Trademarks And Geographical Indications

Original Language Title:  LEGE nr. 66 din 31 martie 2010 pentru modificarea şi completarea Legii nr. 84/1998 privind mărcile şi indicaţiile geografice

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LEGE no. 66 66 of 31 March 2010 to amend and supplement Law no. 84/1998 on trade marks and indications
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 226 226 of 9 April 2010



The Romanian Parliament adopts this law + Article I Law no. 84/1998 on trademarks and geographical indications, published in the Official Gazette of Romania, Part I, no. 161 of 23 April 1998, as amended, shall be amended and supplemented as follows: 1. Article 1 is amended and shall read as follows: "" Art. 1. -Rights on trademarks and geographical indications are recognized and defended on the territory of Romania, under the conditions of this law. This law applies to brands of products and services, individual, collective and certification, subject to a registration or registration request in Romania, as a result of a community or international protection, as well as geographical indications. Foreign natural or legal persons residing, respectively, the premises outside the territory of Romania benefit from the provisions of this law, under the conditions of international conventions on trademarks and geographical indications to which Romania is part. " 2. Article 2 shall be repealed. 3. After Article 2, a new article is inserted, Article 2 ^ 1, with the following contents: "" Art. 2 2 ^ 1. -It may constitute the mark any sign susceptible to graphic representation, such as: words, including names of persons, drawings, letters, figures, figurative elements, three-dimensional shapes and, in particular, the shape of the product or its packaging, colours, combinations of colours, holograms, sound signals, and any combination thereof, provided that these signs allow to distinguish the products or services of an undertaking from those of other undertakings. ' 4. Article 3 is amended and shall read as follows: "" Art. 3. -For the purposes of this law, the following terms and expressions shall be defined as follows: a) the registration of the trademark-the way of acquiring the rights to a trade mark, under the present law or international conventions and treaties to which Romania is a party; b) the earlier mark-the registered trademark, as well as the mark filed to be registered in the Register of trademarks, provided that it is subsequently registered; c) Community trade mark-trade mark registered in accordance with Regulation (EC) No Council Regulation (EC) No 218/2009 of 207/2009 February 2009 on the Community trade mark published in the Official Journal of the European Union (OJ L 78 of 24 March 2009, hereinafter referred to as the Community trade mark Regulation; d) notorious brand-the wide brand known in Romania within the public segment concerned for the products or services to which it applies, without the need to register or use the brand in Romania to be opposed; e) the collective mark-the mark intended to serve to distinguish the products or services of members of an association of products or services belonging to other persons; f) the certification mark-the mark indicating that the goods or services for which it is used are certified by the proprietor of the trade mark in respect of the quality, material, manufacture of goods or services, accuracy or other characteristics; g) geographical indication-the name serving to identify a product originating in a country, region or locality of a state, in cases where a quality, reputation or other determined characteristics may be essentially attributed to this geographical origins; h) applicant-person on whose behalf an application for registration of the trade mark is filed i) holder-person in whose name the trade mark is registered in the Register of trade marks and may be any natural or legal person governed by public law or by private law; j) authorized trustee, hereinafter referred to as the trustee-the industrial property adviser, who may also have the status of representative in the proceedings before the State Office for Inventions and Trademarks, hereinafter referred to as OSIM; k) Register of trade marks-the database, managed by OSIM, which includes the trademarks registered in Romania, as well as all the data entered regarding these records, regardless of the support on which these data are kept; l) Register of geographical indications-the collection of data, managed by OSIM, which includes the geographical indications registered in Romania, as well as all the data entered regarding these records, regardless of the support they are kept this data; m) Paris Convention-Convention for the Protection of Industrial Property of March 20, 1883, Paris, as revised and amended, ratified by Romania by Decree no. 1.177/1968 , published in the Official Bulletin no. 1 1 of 6 January 1969; n) the countries of the Union of Paris-the countries to which the Paris Convention applies and which are constituted in the Union for the protection of industrial property; o) Madrid arrangement-Madrid arrangement concerning the international registration of marks of 14 April 1891, revised in Stockholm on 14 July 1967, ratified by Romania by Decree no. 1.176/1968, published in the Official Bulletin no. 1 1 of 6 January 1969; p) Protocol on Arrangement-Madrid Protocol of 27 June 1989 on the Madrid Agreement on the International Registration of Marks, ratified by Romania by Law no. 5/1998 , published in the Official Gazette of Romania, Part I, no. 11 11 of 15 January 1998; q) Regulation on the Community trade mark-Regulation (EC) No Council Regulation (EC) No 218/2009 of 207/2009 February 2009 on the Community trade mark published in the Official Journal of the European Union (OJ L 78 78 of 24 March 2009; r) enterprise-any entity involved in an economic activity, regardless of its legal nature or its financing. " 5. In Article 4, a new paragraph 2 is inserted, with the following contents: " Community trade marks shall be protected on the territory of Romania, in accordance with the provisions of the Community trade mark 6. In Article 5 (1), the introductory part and letter a) shall be amended and shall read as follows: "" Art. 5. -They are refused registration or may be declared void if registered, for the following absolute reasons: a) signs that may not constitute a mark within the meaning of art. 2 2 ^ 1; '. 7. in Article 5 (1), after letter l), two new letters, letters m) and n) are inserted, with the following contents: " m) marks containing signs with high symbolic value, in particular a religious symbol; n) the marks containing, without the authorization of the competent bodies, badges, emblems, blazes, heraldic signs, other than those envisaged by art. 6 6 ter of the Paris Convention. " 8. In Article 5, paragraph 2 is amended and shall read as follows: "" The provisions of para. 1 lit. b)-d) shall not apply if, before the date of filing of the application for registration, the mark has acquired distinctive character as a result of the use. " 9. Article 6 is amended and shall read as follows: "" Art. 6. -Apart from the reasons provided in art. 5 5 para. 1, a mark is refused upon registration or, as the case may be, is liable to be cancelled for the following relative reasons: a) if it is identical to an earlier mark, and the goods and services for which the mark is applied for or registered are identical to those for which the earlier trade mark is protected; b) if, for reasons of identity or similarity in relation to the earlier mark and for reasons of identity or similarity of the products or services that the two marks designate, a risk of confusion, including the risk of association with the earlier mark. In the meaning of para. 1, are earlier marks the marks whose date of deposit is prior to the date of deposit of the trademark application or, as the case may be, the right of priority invoked in its support and which are part of the following categories: a) Community trade marks; b) trademarks registered in Romania; c) trademarks based on international agreements and having effect in Romania; d) the Community trade marks in respect of which the earlier seniority is invoked, in accordance with the provisions of the Regulation on the Community trade mark, to a trade mark referred to in point. b) or c), even if the latter mark ceased to exist or was the subject of a waiver; e) applications for registration of the marks referred to in lett. a)-d), subject to the subsequent registration of the marks; f) the marks which, at the date of filing of the trademark application or, as the case may be, at the time of the priority invoked, are notorious in Romania, within the meaning of art. 6 bis of the Paris Convention. A mark shall also be refused upon registration or, if it has been registered, be liable to be cancelled if it is identical or similar in relation to a previous Community trade mark within the meaning of paragraph 1. 2, and if it was intended to be registered or is already registered for products 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 if the use of the subsequent trade mark is to obtain an undue profit from the distinctive character or the reputation of the earlier Community trade mark. A mark shall also be refused upon registration or, if it has been registered, be liable to be cancelled if: a) the brand is identical or similar to an earlier trademark registered in Romania, within the meaning of the provisions of par. 2, and if it is intended to be registered or is already registered for products or services that are not similar to those for which the previous mark was registered, when the previous mark enjoys a reputation in Romania and if the use of the subsequent trade mark would result in an undue profit from the distinctive character and reputation of the earlier trade mark, or whether the use would be detrimental to the distinctive character or reputation of the earlier trade mark; b) the rights arising from an unregistered trademark or other sign used in the commercial activity were acquired before the date of filing of the application for registration of the later trade mark or, as the case may be, before the date of the priority invoked by the application for registration of the later trade mark and whether that mark or the sign used confers on the proprietor or the right to prohibit the use of the later c) there is a previous right, other than those provided in par. 2 lit. d), in particular a right to the name, a right to image, a copyright, an industrial property right; d) the mark is identical or similar to a previous collective mark, conferring a right which expired no later than 3 years before the date of deposit; e) the mark is identical or similar to a previous certification mark, the validity of which has ceased no more than 10 years before the date of deposit; f) the mark is identical or similar to an earlier trade mark registered for identical or similar goods or services, conferring a right which expired for reasons of non-renewal no later than 2 years before the date of deposit, provided that the holder the earlier mark had given its consent to the registration of the subsequent trade mark or not to use the mark g) the mark may be confused with a mark used abroad at the date of the deposit of the application and which continues to be used there, if the request was made in bad faith by the applicant. A mark shall also be refused upon registration when the registration is requested by the trustee or the representative of the proprietor of the trade mark, on his own behalf and without the consent of the proprietor of the trade mark, if the representative or proves that he has the right to request this registration. A mark shall not be refused upon registration or, as the case may be, the registration shall not be cancelled when the proprietor of the earlier trade mark or of the earlier right consents A mark may be refused upon registration or, as the case may be, liable to be cancelled under the conditions laid down in art. 6 6 septies of the Paris Convention. " 10. Article 7 shall be repealed. 11. Article 9 is amended and shall read as follows: "" Art. 9. -The right to the mark belongs to the applicant who filed the first, under the law, the trademark application. " 12. Article 10 is amended and shall read as follows: "" Art. 10. -The application for registration of the trademark, submitted to OSIM, written in Romanian and containing the elements provided in par. 2, constitutes the brand's regulatory deposit. The trademark application shall contain the following elements: a) explicit request for registration of the trademark; b) the identification data of the applicant and, where applicable, of the trustee; c) a graphic representation, sufficiently clear, of the mark whose registration is required; d) the list of products and/or services for which registration of the mark is requested e) proof of payment of the fee for the filing and publication of the trademark application. The application shall provide express particulars when the trade mark: a) contains one or more colours claimed as a distinctive element of the brand; b) is three-dimensional or of a type other than verbal or figurative ones; c) contains a transliteration or a translation of the mark or elements of the mark. The application concerns a single brand and is presented under the conditions laid down by the Implementing Regulation of this Law. Applications for registration under the Madrid Agreement or the Arrangement Protocol must satisfy the conditions of those Treaties. The filing of the trademark application may be made at the OSIM registry, by post or by electronic means, under the conditions provided by the regulation for the application of this law. " 13. In Article 12, paragraph 1 shall be amended and shall read as follows: "" Art. 12. -If the applicant has presented certain goods and services under a trade mark in an official or officially recognised international exhibition within the meaning of the Convention on International Exhibitions, signed in Paris on 22 November 1928, ratified by Romania by Law no. 246/1930 , revised on 30 November 1972, organized on the territory of Romania or in a Member State of the Paris Convention, and if an application for registration of the mark under which these products and services were presented was submitted to OSIM within a period of 6 months from the date of the first presentation in the exhibition, the applicant shall enjoy a right of priority from the date of the introduction of the product in 14. Article 14 is amended and shall read as follows: "" Art. 14. -The registration of a trademark may be requested individually or jointly by any person, directly or by a trustee, under the conditions provided by law, as well as by the implementing regulation of this law. The representation of the applicant by trustee shall be binding when the applicant is neither domiciled nor established and no industrial or commercial establishment or business unit within the European Union or in the European Economic Area, with the exception of the procedure for filing the trademark application. " 15. After Article 17, five new articles are inserted, Articles 17 ^ 1-17 ^ 5, with the following contents: "" Art. 17 17 ^ 1. -The application for registration of the mark having the date of deposit shall be published, in electronic format, within a maximum of 7 days from the date of submission, under the conditions provided by the implementing regulation of this law Article 17 ^ 2. -Within two months from the date of publication of the trademark application, according to art. 17 17 ^ 1, any interested person may make comments on the trademark application for the absolute grounds for refusal provided for in art. 5. Art. 17 ^ 3. -Within two months from the date of publication of the trademark application, according to art. 17 ^ 1, any interested person may object to the registration of the trade mark for the relative reasons for refusal provided in art. 6. The oppositions must be formulated in writing, motivated and with the payment of the tax provided by law. At the request of the applicant, the proprietor of the opposing trade mark shall provide the proof a) during a period of 5 years preceding the date of publication of the mark on which the opposition was formulated, the previous mark was the subject of an effective use on the territory of Romania for the products and services for which it was registered; b) there are justified reasons for not using the trade mark on which the opposition was made. In the event of non-payment of legal fees for the opposition, it is considered that it was not Article 17 ^ 4. -The OSIM shall notify the applicant of the application for registration of the trade mark immediately, indicating the name of the person who made it, and the reasons for the opposition to register the trade mark. Within 30 days of the date of notification of the opposition, the applicant may present his or her point of view. Opposition resolution may be suspended in the following situations: a) when it is based on an application for registration of the trade mark, until its registration; b) the opposite mark is the object of an action for annulment or revocation, until the final settlement of the case. During the suspension, at any time, the applicant or the opponent may request the resumption of the opposition's resolution if the reason for suspension no longer subsists. Art. 17 ^ 5. -The opposition made on the application for registration of the published trademark shall be settled by a commission within the Trade Mark Service of OSIM, according to the regulation implementing this law. The Commission shall issue an opinion on the admission or rejection of the opposition, which shall be considered on the merits of the examination. " 16. Article 18 shall be repealed. 17. Article 19 is amended and shall read as follows: "" Art. 19. -The OSIM shall examine in substance the trademark application and decide to admit the registration of the trademark, in whole or in part, or the rejection of the trademark application, within a maximum of 6 months from its publication, subject to payment the registration and examination fees of the application provided for by law. Subject to the payment of an additional emergency fee, equivalent to double the registration and examination fees provided by law, OSIM shall examine and decide on the trademark application, within 3 months of publication of the trade mark. its. OSIM examines: a) the quality of the applicant, 3 lit. h) and j), as applicable; b) the conditions provided in art. 13 13 para. 1 1 and 2, if a priority is invoked in the application; c) the grounds for refusal provided in art. 5 5 para. 1 and, where appropriate, the comments made. Where oppositions have been made in respect of the application for registration of the trade mark for the grounds for refusal provided for in art. 6 6, the opinion of the commission provided in 17 ^ 5 para. 1 is mandatory for examination on the merits. In case of non-compliance with the time limits provided in 1 1 and 2, OSIM is obliged to refund the fees charged. " 18. After Article 19, a new article is inserted, Article 19 ^ 1, with the following contents: "" Art. 19 19 ^ 1. -When a non-essential element of the mark is devoid of distinctive character and if this element is likely to create doubts over the extent of the protection of the trade mark, the OSIM requires the applicant to declare, within two months from the date of notification, that does not invoke an exclusive right to this item The declaration shall be published with the trademark. In the absence of the declaration provided in 1 the trademark application shall be rejected. ' 19. In Article 20 (1), the introductory part shall be amended and shall read as follows: "" Art. 20. -The examination of the grounds for refusal on the notorious brand is made according to criteria, such as: ". 20. In Article 22, paragraph 1 is amended and shall read as follows: "" Art. 22. -If following the examination of the application, according to the provisions 19 and 20, it is found that the legal conditions are met, OSIM decides the registration The brand shall be published in the Official Industrial Property Bulletin, in electronic form, within two months from the date of the registration decision, and OSIM shall issue the trademark registration certificate only after payment of the publication and release fee. " 21. Articles 23 to 25 shall be repealed. 22. Article 28 is amended and shall read as follows: "" Art. 28. -OSIM shall immediately register in the Register of Marks those marks for which a registration decision has been taken. Registration of the trademark registration in the Register of trademarks is subject to the taxes After registering in the Register of Marks, the OSIM issues the trademark registration certificate. The trademark register is public. " 23. In Article 29, paragraph 5 is amended and shall read as follows: " The fee for the renewal of the trademark registration is due with the request for renewal; the fee can also be paid in the next 6 months after the expiry of the protection period, with the increase provided by law. 24. Article 32 is amended and shall read as follows: "" Art. 32. -The renewal of the trademark registration is entered in the Register of trademarks and is published in the Official Industrial Property Bulletin, within a maximum of 3 months from the submission to OSIM of the renewal application. The registration of the trademark renewal in the Register of Trademarks is subject to the taxes OSIM shall issue to the holder a certificate of renewal of the trademark registration. ' 25. In Article 33, paragraph 1 shall be amended and shall read as follows: "" Art. 33. -During the protection of the trademark, the holder may request to OSIM, with payment of the fee provided by law, the introduction of non-essential changes of some elements of the mark, provided that they do not affect the distinctive character of the brand; products and services cannot be extended. " 26. In Article 35, paragraph 2 is amended and shall read as follows: " The proprietor of the trade mark may ask the competent court to prohibit third parties from using, in their commercial activity, without his consent: a) a sign identical to the mark, for products or services identical to those for which the trade mark was registered; b) a sign for which, due to the fact that it is identical or similar to a mark and because the goods or services to which the mark applies are identical or similar, there is a likelihood of confusion in the public's perception, including the risk of association between sign and mark; c) a sign identical or similar to the brand, for products or for services different from those for which the brand is registered, when the latter has acquired a reputation in Romania and if the use without right of the sign would be detrimental distinctive character of the mark or at the expense of its name. ' 27. In Article 35 (3), point c) is amended and shall read as follows: " c) release for free circulation, export, import, placing under a suspension or economic procedure, and the granting of any other customs destination, as defined in the customs regulations, of the products under this sign; '. 28. In Article 36, paragraphs 1 and 2 shall be amended and shall read as follows: "" Art. 36. -The applicant for the trademark application may require that third parties be prohibited from carrying out the acts provided for in art. 35 35 para. 2 2, only after its publication. For the acts provided in par. 1, committed after the publication of the trademark application, the applicant may seek compensation, according to the common law. The title for payment of compensation shall be enforceable only after the date of registration. 29. Article 37 is amended and shall read as follows: "" Art. 37. -The right to the mark shall be exhausted and the holder may not prohibit other persons from using it for products which have been placed on trade in the European Union and in the European Economic Area under that mark by the proprietor himself or with the his consent. Provisions of para. 1 are not applicable where there are strong grounds justifying the proprietor's opposition to the subsequent marketing of products, in particular where the condition of the products is altered or altered after their trade. " 30. In Article 38, paragraph 2 is amended and shall read as follows: "" The provisions of para. 1 1 are applicable provided that the use by a third party of the elements referred to in lett. a) and c) comply with good practices in the industrial or commercial field. " 31. Article 39 is amended and shall read as follows: "" Art. 39. -The rights to the mark may be transmitted by assignment, license or by way of succession. It is also considered the transmission of rights and the forced execution of the debtor, holder of the trademark, carried out under the law. The enrolment of the transmission of rights to the trademarks in dispute shall be suspended until the date of final stay of the judgments on them. " 32. In Article 41, after paragraph 1, a new paragraph 1 shall be inserted, paragraph 1 ^ 1, with the following contents: " OSIM refuses to register the transmission of the assignment if it is obvious that the public is misled as to the nature, quality or geographical origin of the goods or services for which the trade mark was registered, in unless the beneficiary of the transmission agrees to limit the transmission of the mark to the goods or services for which the trade mark is not misleading. ' 33. In Article 41, paragraph 2 is amended and shall read as follows: " At the request of the person concerned and with the payment of the tax provided by law, OSIM scores the divestment in the Register of trademarks and publishes it in the Official Industrial Property Bulletin. The assignment is opposable to third parties from the date of its publication. " 34. In Article 42, paragraph 4 is amended and shall read as follows: " Licenses are entered in the Register of trademarks, with the payment of the tax provided by law, and are published in the Official Industrial Property Bulletin. The license is opposable to third parties from the date of its publication 35. In Article 43, after paragraph 3, two new paragraphs are inserted, paragraphs 4 and 5, with the following contents: " The lack of registration of an OSIM license does not affect: a) the validity of the registration of the trademark that makes the object of the license or the protection of the b) intervention in an action in counterfeiting committed by the holder or obtaining, within the framework of this procedure, damages, as a result of the counterfeiting of a trademark that makes the object of the license. The registration of the licence is not a condition for the use of a mark by the licensee to be considered the equivalent of an act of use by the holder, in the proceedings relating to the acquisition, maintenance of the validity or the defending rights in respect of that mark. ' 36. Article 45 is amended and shall read as follows: "" Art. 45. -Any interested person may request the Bucharest Tribunal, at any time during the term of protection of the mark, the revocation of the holder of the rights conferred by the trade mark a) without justified reasons, in an uninterrupted period of 5 years, counted from the date of registration in the Register of trademarks, the brand was not subject to effective use on the territory of Romania for the products or services for which it was registered or if such use has been suspended for an uninterrupted period of 5 years; b) after the date of registration, the mark has become, as a result of the action or inaction of the holder, the usual trade designation of the product or service for which it was registered; c) after the date of registration and as a result of the use of the mark by the holder or with its consent, the brand has become liable to induce the public in error, in particular as to the nature, quality or geographical origin of the products or the services for which it was registered; d) the mark was registered in the name of a person not having the quality provided in art. 3 lit. h) and i). It is assimilated to the actual use of a) the use of the mark in a form which differs from that recorded by certain elements which do not alter its distinctive character; b) the impossibility of using the mark from circumstances independent of the proprietor's will, such as import restrictions or as a result of other provisions of public authorities concerning the products or services for which the trade mark was registered; c) affixing the mark to products or packaging exclusively for export; d) the use of the mark by a third party having the consent of the holder or by any person empowered to use a collective mark or a certification mark, being considered as the use of the mark by its own holder. The holder may not be deprived of his rights if, in the period from the expiry of the period provided for in par. 1 lit. a) and until the submission of the application for revocation, the mark was actually used. However, if the start or resumption of the use of the mark took place 3 months before the legal presentation of the request for revocation, the use of the mark is not taken in considering whether the preparations for the start or resumption of use only occurred after the holder became aware that a request for revocation could be introduced. Proof of use of the trademark incumba of its holder and can be made by any means of proof. The fall shall take effect from the date of application for revocation to the competent court. The mark shall be removed from the Register of trade marks and the indication of the deregistration shall be published in the Official Industrial Property Bulletin. ' 37 articles 46 and 47 shall be repealed. 38. In Article 48 (1), the introductory part shall be amended and shall read as follows: "" Art. 48. -The cancellation of the registration of the trademark may be requested by any interested person, for any of the following reasons: " 39. In Article 48, paragraph 4 is amended and shall read as follows: " The registration of the trademark cannot be annulled on the grounds of the existence of a conflict with an earlier mark, if the latter does not meet the conditions of use provided in 45 45 para. 1-3 1-3. " 40. In Article 48, after paragraph 4, a new paragraph 5 is inserted, with the following contents: " If the earlier mark has only been used for a part of the goods or services for which the trade mark has been registered, the registration of the trade mark may be cancelled only for those goods or services for which the trade mark has not been used. ' 41. Article 49 is amended and shall read as follows: "" Art. 49. -The proprietor of a previous trade mark, which with science has tolerated in an uninterrupted period of 5 years the use of a later registered trade mark, cannot claim the cancellation nor oppose the use of the later trade mark for the goods and services for which this subsequent mark was used, unless the registration of the later mark was required in bad faith. In the case provided in par. 1 1, the proprietor of the later registered trade mark may not object to the use of the earlier trade mark, although the latter may no longer be invoked against the later mark 42. Article 50 (2) shall be repealed. 43. Article 52, point b) of paragraph 1 and paragraph 2 shall be amended and shall read as follows: " b) the requirements laid down in art. 3 lit. e); ........................................................................... After the publication of the collective mark and the rules of use of that trade mark, the proprietor of an earlier trade mark or a mark, and of an earlier right acquired with regard to the image or its patronymic name, to a protected geographical indication, a design or a protected model or a copyright, as well as any other person concerned may make the formula to the OSIM within the time limit laid down in art. 17 ^ 3 para. 1, opposition to registration of the collective mark. " 44. In Article 54, letter a) is amended and shall read as follows: "" a) without justified reasons, the mark was not subject to effective use in an uninterrupted period of 5 years, calculated from the date of registration of the mark in the Register of Marks, for the products or services for which the trade mark was registered; '. 45. In Article 57, paragraph 1 is amended and shall read as follows: "" Art. 57. -Certification marks may be registered with OSIM by legal entities legally empowered to exercise control of products or services in respect of the elements provided in art. 3 lit. f). " 46. Article 59 is amended and shall read as follows: "" Art. 59. -Apart from the reasons for rejection provided for the application for registration of an individual mark, a certification mark shall be rejected upon registration and for non-compliance with the provisions of art. 3 lit. f) and art. 57 57 and 58. " 47. Article 60 is amended and shall read as follows: "" Art. 60. -After the publication of the trade mark and its rules of use, the proprietor of an earlier trade mark or a mark, and of an earlier right acquired with regard to the image or the patronymic name of the latter, at an indication protected geographical, a design or a protected model or a copyright, as well as any interested person may formulate to OSIM, within the period provided for in art. 17 ^ 3 para. 1, opposition to registration of the certification mark. If users of a certification mark do not comply with the Regulation, the holder may withdraw the authorisation to use the trade mark or to apply other sanctions provided for in the Regulation. 48. Article 61 (1) (b) shall be amended and shall read as follows: " b) the registration of the trade mark was made with the non-compliance with 3 lit. f); ". 49. After Article 66, a new chapter is inserted, chapter XI ^ 1 "Community trade mark", comprising six new articles, articles 66 ^ 1-66 ^ 6, with the following contents: "" CHAPTER XI ^ 1 Community trademark Art. 66 ^ 1. -When a Community trade mark application is submitted to OSIM pursuant to art. 25 25 para. ((1) lit. b) of the Regulation on the Community trade mark, OSIM enrolls the date of receipt of the application and, without proceeding to the examination, sends it to the Office of Harmonization in the Internal Market, within two weeks, with the payment of the tax provided by law, for the a national application. Art. 66 ^ 2. -An application for a Community trade mark or a Community trade mark may be converted into a national trade mark application under the conditions of art. 112 112-114 of the Regulation on the Community trade mark (codified version), with the payment of fees for the examination procedure of a national application provided for by law. Art. 66 ^ 3. -The proprietor of a previous trade mark registered in Romania or of a previous trade mark which has been the subject of an international registration having effect in Romania, which submits an identical mark, intended to be registered as a Community trade mark, for products and services identical to those for which the earlier trade mark has been registered or included in the list of that trade mark, may be prevented from the registration of the Community trade mark from the age of the earlier trade mark in Romania. The proprietor of a Community trade mark, which is also the proprietor of an earlier identical trade mark registered in Romania or which has been the subject of an international registration having an effect in Romania, for products or services identical to those the previous mark was registered or included in the list of this brand, it can be prevented by the age of the previous brand in Romania. Art. 66 ^ 4. --Provisions art. 84 84 and 85 and art. 89-91 are also applicable to infringements of the rights of a Community trade mark. Art. 66 ^ 5. -A infringement action is inadmissible, based on a previous Community trade mark, against a later registered national trade mark, the use of which has been tolerated for 5 years, provided that the national trade mark has been made with Good faith. Inadmissibility is limited only to the products and services for which it was tolerated. Art. 66 ^ 6. -Disputes having as object Community trade marks, for which the Community trade mark Regulation assigns the jurisdiction of Community trade mark courts, according to art. 95 95 para. (1) of the latter, shall be the jurisdiction of the Bucharest Court, which shall judge in the first instance 50. In Article 68, paragraph 2 is amended and shall read as follows: "The registration of a geographical indication may be required at OSIM, directly or by trustee, and shall be subject to the duty provided by law." 51. In Article 68, after paragraph 2, two new paragraphs are inserted, paragraphs 3 and 4, with the following contents: " The application for registration of a geographical indication shall contain the elements provided for in the implementing regulation of this Law. Within 3 months of submission, the OSIM shall examine the application and the fulfilment of the conditions laid down in art. 69 69 and 70. " 52. After Article 68 a new article is inserted, Article 68 ^ 1, with the following contents: "" Art. 68 68 ^ 1. -The application for registration of the geographical indication shall be published under the conditions laid down by the implementing regulation of this law. Within two months of the publication of the application, any interested person may object to the registration of the geographical indication. The opposition to the registration of a geographical indication shall be settled in accordance with the provisions of the 53. In Article 70 (1), point a) is amended and shall read as follows: "" a) do not comply with the provisions of Article 3 lit. g); '. 54. Article 72 is amended and shall read as follows: "" Art. 72. -Within two months from the date of the decision to register the geographical indication, it shall be entered in the Register of Geographical Indications. The registration of a geographical indication in the Register of geographical indications and the issuance to the applicant of the certificate of registration of the geographical indication and the granting of its right of use are subject to the taxes provided by law. " 55. Article 80 is amended and shall read as follows: "" Art. 80. -The OSIM decisions concerning trademark applications, as well as applications for registration on geographical indications may be challenged at this office by any interested person, within 30 days of the communication or, as the case may be, from publication of the trademark or geographical indication, with the payment of the legal fee. OSIM decisions regarding the registration of the assignment or license in the Register of trademarks may be challenged at this office by interested persons, within 30 days of communication or, as the case may be, from their publication. Appeals made according to the provisions of para. 1 and 2 shall be settled by a Board of Appeals within the OSIM. " 56. After Article 80 a new article is inserted, Article 80 ^ 1, with the following contents: "" Art. 80 80 ^ 1. -If the registration of a trade mark, the renewal of registration or the registration of a change in the Register of Marks has been made evident by material error, OSIM may, within a maximum of two months, from the date of registration or on the date of registration, as the case may be, to revoke the registration, renewal or registration of the modification made; the revocation shall be published in the Official Industrial Property Bulletin. " 57. Article 81 is amended and shall read as follows: "" Art. 81. -The judgment of the Board of Appeal, motivated, shall be communicated to the parties and can be challenged at the Bucharest Court within 15 days of communication. The decisions of the Bucharest Tribunal can be appealed with appeal to the Bucharest Court of Appeal, within 15 days of communication. The sentences of the Bucharest Tribunal delivered in the cases provided in art. 35, 45, 48, 54, 55, 61 and 79 can be appealed to the Bucharest Court of Appeal, within 15 days of communication. " 58. In Article 82, a new paragraph 2 is inserted, with the following contents: "In all disputes concerning the marks the citation of the holders is compulsory." 59. Article 83 is amended and shall read as follows: "" Art. 83. -It constitutes a crime and is punishable by imprisonment from 3 months to 3 years or with a fine from 50,000 lei to 150,000 lei committing, without right, the following facts: a) counterfeiting of a trademark; b) the entry into service of a product bearing a trade mark identical or similar to a trade mark registered for identical or similar products and prejudicial to the proprietor of the trade mark; c) the placing in circulation of products bearing geographical indications indicating or suggesting that the product concerned is originating in a geographical region other than the place of origin for the purpose of misleading the public as regards the geographical origin of the product. The facts provided in par. 1, committed by an organized criminal group or which are likely to present danger to the safety or health of consumers, are punishable by imprisonment from 1 to 5 years and the prohibition of some rights. The counterfeiting of a trade mark means the realization or use without the consent of the holder, by third parties, in the commercial activity, of a sign: a) identical to the trade mark or services identical to those for which the trade mark was registered; b) which, given the identity or similarity with a mark or given the identity or likeness of the products or services to which the sign with the products or services for which the mark was registered is applied, would produce in the perception the public a risk of confusion, including the risk of association of the mark with the sign; c) identical or similar to the brand for products or services different from those for which the brand is registered, when it has acquired a reputation in Romania and if by using the sign without good reasons it could take advantage of the character distinctive or the reputation of the mark or the use of the sign would cause the proprietor of the mark The placing in circulation shall mean the offering of the products or the marketing or possession thereof for that purpose or, where appropriate, offering or providing services under this sign, as well as the import, export or transit of the products under this sign. The facts provided in par. 1 1 and 2 shall not constitute offences if they were committed before the date of publication of the mark. ' 60. Article 84 is amended and shall read as follows: "" Art. 84. -The precautionary measures can be ordered under the Code of Criminal Procedure. The precautionary measures relate, in particular, to the cessation of acts of violation of legal rights and to the preservation of evidence to prove the provenance of products or services illicitly bearing a protected geographical mark or indication. Provisions of paragraph 1 and 2 shall also apply to materials or equipment that have served directly to the commission of the offences provided for in art. 83 83. " 61. Articles 86 to 88 shall be repealed. 62. In Article 89, paragraph 3 is amended and shall read as follows: "The court may order that the claimant pay all damages caused to the defendant as a result of the abusive exercise of procedural rights with respect to the trademark or protected geographical indication." 63. Article 90 is amended and shall read as follows: "" Art. 90. -The proprietor of the trade mark or, as the case may be, the central public authority concerned may request the court to order the author of the infringement of the right to provide immediate information on the provenance and illegally marked, as well as information about the identity of the manufacturer or the trader, the quantity of goods manufactured, delivered, received or ordered. " 64. Article 91 is amended and shall read as follows: "" Art. 91. -The customs powers regarding the enforcement of rights to protected trademarks and geographical indications belong to the National Customs Authority, according to the law. " 65. in Article 93, points a) and c) shall be amended and shall read as follows: "" a) take into account, examine and publish the applications for registration of the trade mark; ......................................................................... c) take into account and publish the applications for registration of geographical indications and grant protection to them on the territory of Romania; ". 66. In Article 93, after letter k) a new letter, letter k ^ 1) is inserted, with the following contents: " k ^ 1) informs the European Commission of the national provisions adopted for the purpose of transposing the 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 (JOCE) L series no. 40 40 of 11 February 1989; '. 67. In the law, the phrase "Bucharest Municipality Court" is replaced by the phrase "Bucharest Tribunal", the phrase "national regulatory deposit" is replaced by the phrase "regulatory deposit", phrase " Ministry of Agriculture and Food "is replaced by the phrase" specialized central public authority ", the phrase" National Register of Marks "is replaced by the phrase" Register of trademarks ", the phrase" National Register of Geographical Indications " is replaced by the phrase "Register of geographical indications" and the phrase " commission of review ", with the phrase" committee of appeals ". 68. the following entry shall be inserted after Article 95: "" * This Law transposes Directive 2008 /95/EC of the European Parliament and of the Council of 22 October 2008 on the approximation of the laws of the Member States relating to trade marks (codified version), published in the Official Journal of the European Union (OJ) Series L No. 299 299 of 8 November 2008. ' + Article II Applications for registration of trademarks and applications for registration of geographical indications filed and in examination procedures at the State Office for Inventions and Trademarks follow the procedures provided for by this Law. + Article III Article 4 of Government Ordinance no. 41/1998 on taxes in the field of industrial property protection and their regime of use, republished in the Official Gazette of Romania, Part I, no. 959 of 29 November 2006, as amended, shall be amended and shall read as follows: "" Art. 4. -The amount of taxes in lei, provided in the annexes to this ordinance, established in relation to the corresponding ones in euro, shall be updated on January 1 of each year, at the level of the foreign exchange rate of the National Bank of Romania of 1 October of the previous year. ' + Article IV (1) This law shall enter into force 30 days after the date of publication. (2) Within 3 months after the entry into force of this Law, the Government will amend the Implementing Regulation accordingly Law no. 84/1998 on trade marks and indications, approved by Government Decision no. 833/1998 , published in the Official Gazette of Romania, Part I, no. 455 455 of 27 November 1998. + Article V Law no. 84/1998 on trademarks and geographical indications, published in the Official Gazette of Romania, Part I, no. 161 of April 23, 1998, as amended, as well as with the amendments and completions brought by this law, shall be republished within 30 days from the date of entry into force of this law, giving the texts a new numbering. This law was adopted by the Romanian Parliament, in compliance with the provisions art. 75 and ale art. 76 76 para. (1) of the Romanian Constitution, republished . CHAMBER OF DEPUTIES PRESIDENT ROBERTA ALMA ANASTASE SENATE PRESIDENT MIRCEA-DAN GEOANA Bucharest, March 31, 2010. No. 66. ---------