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Law No. 84 Of 15 April 1998 (Republished) On Trademarks And Geographical Indications

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

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LEGE no. 84 84 of 15 April 1998 (* updated *) (** republished) on trademarks and geographical indications *) ((updated until 26 May 2014 *)
ISSUER PARLIAMENT




------------ *) The updated form of this normative act until May 26, 2014 is carried out by the legal department of S.C. "Territorial Center of Electronic Computing" S.A. Piatra-Neamt by including all modifications and additions made by EMERGENCY ORDINANCE no. 28 28 of 20 May 2014 . The content of this act is not an official document, being intended to inform users ____________ ** **) Republicated pursuant to art. 248 248 of Law no. 187/2012 for the implementation of Law no. 286/2009 on the Criminal Code, published in the Official Gazette of Romania, Part I, no. 757 of 12 November 2012, corrected in the Official Gazette of Romania, Part I, no. 117 117 of 1 March 2013, as amended, giving the texts a new numbering. Law no. 84/1998 was also republished in the Official Gazette of Romania, Part I, no. 350 350 of 27 May 2010 and has been amended by Law no. 76/2012 for the implementation of Law no. 134/2010 on the Code of Civil Procedure, published in the Official Gazette of Romania, Part I, no. 365 365 of 30 May 2012, as amended. + Chapter I General provisions + Article 1 (1) Rights on trademarks and geographical indications are recognized and defended on the territory of Romania, under the conditions of this law. ((2) The present law applies to the trade marks of products and services, individual, collective and certification, which are the subject of a registration or application for registration in Romania, as a result of a Community or international protection, as well as geographical indications. (3) Foreign natural or legal persons residing, respectively, the premises outside the territory of Romania shall benefit from the provisions of this law, under the conditions of international conventions concerning the trademarks and geographical indications to which Romania is Part. + Article 2 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. + Article 3 Within the meaning of the present law, the following terms and expressions are 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) the Community trade mark registered in accordance with Commission Implementing Regulation (EU) No 207/2009 of 26 February 2009 on the Community trade mark, published in the Official Journal of the European Union (JOUE) L series no. 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 Commission Implementing Regulation (EU) No 207/2009 of 26 February 2009 on the Community trade mark, published in the Official Journal of the European Union (JOUE) L series no. 78 78 of 24 March 2009; r) enterprise-any entity involved in an economic activity, regardless of its legal nature or its financing. + Chapter II Trademark protection + Article 4 (1) The right to the mark is acquired and protected by its registration with the OSIM. (2) The Community trade marks shall benefit from protection on the territory of Romania, according to the provisions of the Regulation + Article 5 (1) They are refused registration or may be declared void if they are registered, for the following absolute reasons: a) signs that may not constitute a mark within the meaning of art. 2 2; b) trade marks which are non-distinctive; c) trade marks which consist exclusively of signs or indications which have become common in the current language or in fair and constant commercial practices; d) trade marks which consist exclusively of signs or indications and may serve in trade to designate the species, quality, quantity, destination, value, geographical origin or time of manufacture of the product or service or other characteristics of these; e) trade marks made up solely of the form of the product, which is imposed by the nature of the product or is necessary to obtain a technical result or which gives substantial f) trade marks which are likely to mislead the public as to the geographical origin, quality or nature of the product or service; g) trade marks which contain a geographical indication or are made up of such an indication, for products not originating in the territory indicated, if the use of that indication is likely to mislead the public as to the place of true of origin; h) the marks which are constituted or contain a geographical indication, identifying wines or spirits which are not originating in the place indicated; i) marks that are contrary to public order or good morals; j) the brands containing, without the consent of the holder, the patronymic image or name of a person who enjoys renown in Romania; k) the marks comprising, without the authorization of the competent bodies, reproductions or imitations of stems, flags, state emblems, insignia, official control and warranty seals, blazons, belonging to the countries of the Union and falling under art. 6 ter of the Paris Convention; l) the marks comprising, without the authorization of the competent bodies, reproductions or imitations of stems, flags, other emblems, logos, initials or names falling under art. 6 ter of the Paris Convention and belonging to intergovernmental international organisations to which one or more Union countries belong; 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 ter of the Paris Convention. (2) 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. + Article 6 (1) Apart from the reasons provided in art. 5 5 para. (1), a mark shall be refused upon registration or, as the case may be, be 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. (2) In the meaning of paragraph (1) are earlier marks the marks of which the date of deposit is prior to the date of filing 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. (3) A mark shall also be refused upon registration or, if it has been registered, be liable to be annulled if it is identical or similar in relation to a previous Community trade mark, within the meaning of the provisions 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 renown 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 earlier 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. (5) A mark shall also be refused upon registration when the registration is requested by the trustee or 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 holder or representative does not prove that it has the right to request this registration. (6) 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 the earlier right consents to the (7) A mark may be refused upon registration or, as the case may be, liable to be annulled under the conditions laid down in art. 6 septies of the Paris Convention. + Article 7 The nature of the goods or services for which the registration of the mark is requested shall not constitute any obstacle + Chapter III Application for trademark registration + Article 8 The right to the trademark belongs to the applicant who filed the first, under the law, the trademark application. + Article 9 (1) The application for registration of the trademark, submitted to OSIM, written in Romanian and containing the elements provided in par. (2), constitutes the regulatory deposit of the trade mark. (. The application for registration of the trademark shall contain the following: 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. (4) The application concerns a single brand and is presented under the conditions laid down by the Regulation *) for the application of this Law. __________ * *) See Government Decision no. 1.134/2010 for the approval of the Implementing Regulation Law no. 84/1998 on trademarks and geographical indications, published in the Official Gazette of Romania, Part I, no. 809 809 of 3 December 2010. ((5) The applications for registration lodged under the Madrid Agreement or the Protocol on Arrangement must satisfy the conditions of those Treaties. (6) The submission of the trademark application can be made to the OSIM registry, by post or by electronic means, under the conditions provided by the regulation *) for the application of this law. + Article 10 (1) The date of the regulatory deposit is the date on which the application for registration of the mark was submitted to OSIM when it contains all the elements provided for in art. 9 9 para. ((1). (2) When a trademark application was regulated for the first time in another member country of the Union of Paris or a member of the World Trade Organization, the applicant may claim the date of the first deposit by a request for registration in Romania of the same trade mark, provided that the latter application is submitted to the OSIM within 6 months from the date of establishment of the first deposit. + Article 11 ((1) If the applicant has presented certain products 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 benefit from a right of priority from the date of introduction of the product (2) The 6-month term provided in par. (1) will not extend the priority period provided for in art. 10 10 para. ((2). + Article 12 (1) The priority rights provided for in art. 10 and 11 must be invoked with the filing of the trademark application, justified by acts of priority and are subject to the established legal duty. (2) The priority acts shall be submitted and the legal fee shall be paid within 3 months from the date of the application for registration of the trade mark. (3) Failure to comply with the deadline referred to in (2) draws non-recognition of the priority raised. + Article 13 (1) 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 regulation *) of the application of this law. ((2) The representation of the applicant by trustee shall be binding when the applicant has neither the domicile nor the premises nor any actual and functional industrial or commercial establishment within the territory of the European Union or in the European Economic Area, the exception of the procedure for filing the trademark application. + Article 14 The applicant for the trademark application will communicate, within 3 months from its submission to OSIM, proof of payment of the registration fee and examination of the application, in the amount provided by law. + Article 15 (1) The applicant for the trademark application referring to several products or services may request to OSIM the splitting of the original application in two or more applications, apportioning the products or services within the divisional requests, with payment of tax provided by law. (2) The divisional applications shall keep the date of deposit of the original application and, if applicable, the benefit of the right of priority, acquired according to 10 10 para. ((2) or art. 11 11 para. ((1). (3) The applicant may request the division of the original application during the examination procedure of the mark to the OSIM, until a decision on its registration is taken, as well as during the proceedings of the Board of Appeals of the OSIM or in the course of any appeal or appeal proceedings brought against the decision to register the trade mark. (4) The applicant shall submit the documents required by OSIM for the division of the original application and shall pay the legal fee within 3 months from the date of the request of the division. Otherwise, OSIM will take note that the applicant has waived the division of the original application. + Chapter IV Trademark registration procedure + Article 16 (1) Within one month from the date of receipt of the trademark application, OSIM shall examine whether the conditions laid down in art. 9 9 para. (1) and, if so, assign the deposit date to the application. (2) If the application does not meet the conditions laid down in 9 9 para. ((1), OSIM shall notify the applicant of the deficiencies of the application, giving a period of 3 months for the submission of additions. If the applicant completes within the period the deficiencies notified by OSIM, the date of the deposit is the one at which the application for registration of the mark was completed according to art. 9 9 para. ((1). Otherwise, the application shall be rejected. (3) If the registration and examination fee of the application is not paid within the period provided for in art. 14 14, OSIM may grant the applicant, for good reasons, another two-month period. (. In the case of non-payment of the fees, the applicant shall be deemed to have waived the registration of the trade mark and + Article 17 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 for by the Regulation *) for the application + Article 18 Within two months from the date of publication of the trademark application, according to art. 17, any interested person may make comments on the trademark application for the absolute grounds for refusal provided for in art. 5. + Article 19 (1) Within two months from the date of publication of the trademark application, according to art. 17, any person concerned may object to the registration of the mark for the relative reasons for refusal provided for in art. 6. (2) 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 OSIM with 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. (4) In case of non-payment of legal fees for the opposition, it shall be deemed not to have been made + Article 20 ((1) 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 from the date of notification of the opposition, the applicant may present his or her point of view. (. The resolution of the opposition 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. (4) In the course of 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 + Article 21 (1) The opposition formulated with regard to the application for registration of the published trademark shall be settled by a commission within the Trade Marks and Geographical Indications 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. __________ * *) See footnote from art. 9 9 para. ((4). + Article 22 ((1) The OSIM shall examine in substance the application for registration of the trade mark and shall determine the admission 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. ((2) Abrogat. ----------- Alin. ((2) of art. 22 22 has been repealed by art. VII of EMERGENCY ORDINANCE no. 28 28 of 20 May 2014 , published in MONITORUL OFFICIAL no. 388 388 of 26 May 2014. ((. OSIM shall examine: a) the quality of the applicant, 3 lit. h) and j), as applicable; b) the conditions provided in art. 12 12 para. ((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 applicable, the comments made. ((4) Where oppositions have been formulated with regard to 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 21 21 para. ((1) is required to be examined in substance. (5) In case of non-compliance with the deadlines provided in par ((1) and (2), OSIM is obliged to refund the fees charged. + Article 23 (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 shall require 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. (2) In the absence of the declaration provided in paragraph (. the application for registration of the mark shall be rejected. + Article 24 (1) The examination of the grounds for refusal on the notorious mark shall be made according to criteria, such as: a) the degree of distinctiveness, initial or acquired, of the notorious brand in Romania; b) the duration and extent of the use in Romania of the notorious brand in relation to the products and services for which a trademark is requested to be registered; c) the duration and extent of advertising of the notorious brand in Romania; d) the geographical area of use of the notorious brand in Romania; e) the degree of knowledge of the notorious brand on the Romanian market by the public segment to which it is addressed; f) the existence of identical or similar marks for identical or similar products or services, belonging to a person other than that which claims that his trademark is notorious. (2) In order to examine the grounds for refusal, based on the criteria provided in par. (1), OSIM may request from public authorities, public institutions, as well as from legal entities of private law documents, in order to establish the notoriety of the brand in Romania. + Article 25 When a reason for refusal, among those provided in art. 6, applies only to certain products or services for which the registration of the mark has been requested, registration will be refused only for these products or services. + Article 26 (1) If following the examination of the application, according to the provisions 22 and 24, 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. ((. If the application does not meet the conditions for registration of the mark, OSIM shall notify it to the applicant, giving it a period of 3 months in which it may present its views or withdraw its application. The term may be extended by a new period of 3 months, at the request of the applicant and with payment of the tax provided by law (3) Upon expiry of the term provided in par. ((2), OSIM shall decide, as the case may be, the registration of the trade mark, the rejection of the trademark application or shall take note of the withdrawal + Article 27 (. The applicant may, at any time, withdraw his trademark application or limit his list of products or services. When the mark has already been published, the withdrawal or limitation shall be published in the Official Industrial Property Bulletin. (2) The application for registration of the trademark may be modified, at the request of the applicant, only for the rectification of the name or address of the applicant or for other rectifications that do not affect the brand or do not extend the list of products or services ((3) Any modification required by the applicant until registration, which substantially affects the trade mark or the list of products or services, must be the subject of a new trademark application. + Article 28 In the course of the trademark registration procedure, the OSIM may ask the applicant for the clarification and the documents it deems necessary, if there is a doubt on the accuracy or content of the elements of the trademark application. + Article 29 ((1) The OSIM shall immediately register in the Register of Marks those marks for which a registration decision has been taken. (2) Registration of the trademark in the Register of trademarks is subject to the taxes provided by law ((3) After registering in the Register of Marks, the OSIM shall issue the trademark registration certificate. (4) The trademark register is public. + Chapter V Duration, renewal and modification of trademark registration + Article 30 ((1) The registration of the trade mark shall take effect from the date of the regulatory deposit of the trade mark for a period of 10 years. (2) At the request of the holder, the registration of the trade mark may be renewed at the end of each 10-year period, with the payment of the tax (3) The application for renewal of the trademark registration may be made before the expiry of the current protection period, but not earlier than 3 months before the expiry of this duration. (. The renewal of the registration of the trade mark shall operate from the day immediately following the expiry of the current protection (5) 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 (6) Non-payment of the tax under the conditions provided in (5) is sanctioned with the forfeiture of the holder from the right to the mark. + Article 31 (1) The application for renewal of the trademark registration shall contain: a) express request for renewal of the trademark registration; b) the identification data of the holder and, if applicable, the name and domicile, respectively the seat of the trustee; c) the trademark registration number in the Register of trademarks; d) the date of the regulatory deposit of the trademark application. (. When the holder requests the renewal only for a part of the products and services entered in the Register of Marks, it shall also indicate the names of those products or services for which the renewal of the registration of the + Article 32 (1) If OSIM finds that the conditions laid down by law for the renewal of the registration of the mark are not met, it shall notify the holder, who may submit a reply within 3 months of receipt of the notification; in the absence of an answer in The application for the renewal of the registration of the trade mark (2) The applicant for the renewal application may challenge the decision to reject the renewal of the registration, within the period and with the procedure provided in art. 86. + Article 33 (1) The renewal of the trademark registration shall be entered in the Register of trademarks and shall be published in the Official Industrial Property Bulletin, within a maximum of 3 months from the submission to OSIM of the renewal application. (2) The registration of the trademark in the Register of trademarks is subject to the taxes provided by law ((3) The OSIM shall issue to the holder a certificate of renewal of the trademark. + Article 34 ((1) During the protection of the trade mark, the holder may request to OSIM, with payment of the tax 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 mark; products and services cannot be extended. (2) OSIM will register in the Register of trademarks the amendments introduced, according to para. ((1), and shall publish the mark, as amended. + Article 35 Throughout the period of protection of the trademark, its holder may request OSIM, with the payment of the tax provided by law, the registration of changes in the name, name, address or seat of the holder in the Register of trademarks. The changes made in the Register of Trademarks shall be published in the Official Industrial Property Bulletin. + Chapter VI Trade mark rights + Article 36 ((. The registration of the trade mark shall confer on the proprietor an exclusive right (2) 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 brand or at the expense of its reputation. (3) In application of para. ((2), the proprietor of the trade mark may require that third parties, in particular, be prohibited: a) the application of the sign on products or packaging; b) offering products or marketing or holding them for this purpose or, as the case may be, offering or providing services under this sign; c) release for free circulation, export, import, placing under a customs or economic procedure, as well as the granting of any other customs destination, as defined in the customs regulations, products under this sign; d) the use of the sign on documents or for advertising. + Article 37 (1) The applicant for the trademark application may require that third parties be prohibited from carrying out the acts provided for in art. 36 36 para. ((2) only after its publication. (2) 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 the payment of compensation is enforceable only after the date of registration (. Where the application for registration of the trade mark has been rejected, the applicant shall not be entitled to compensation. + Article 38 (1) 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. (2) Provisions of para. ((1) are not applicable if there are strong grounds justifying the proprietor's opposition to the subsequent marketing of the products, in particular when the condition of the products is altered or altered after their trade. + Article 39 (. The proprietor of the trade mark may not require that a third party be prohibited from using in its commercial activity: a) the name/name or address/seat of the holder; b) indications referring to the species, quality, destination, value, geographical origin, period of manufacture of the product or the period of service under the trade mark, and any other characteristics thereof; c) mark, if required to indicate the destination of the product or service, in particular for accessories or removable parts. (2) Provisions of para. ((1) are applicable on condition 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. + Chapter VII Transmission of trade mark rights + Article 40 (1) The rights to the mark may be transmitted by assignment, license or by way of succession. (2) It is also considered the transmission of rights and the forced execution of the debtor, holder of the trademark, carried out under the law. ((3) The registration of the transmission of rights on the disputed trademarks shall be suspended until the date of final stay of the judgments on them. + Article 41 (. The rights in respect of the trade mark may be transmitted by assignment, independently of the transmission of the trade fund in which it is incorporated. The assignment must be made in writing and signed by the contracting parties, under penalty of nullity. (2) The transfer by assignment of the rights to the mark may be made for all products or services for which the mark is registered or only for a part of them; the assignment, even partial, may not limit the territorial use the trade mark for goods or services to which it relates. ((3) If the patrimony of the proprietor of the trade mark is transmitted in its entirety, this transmission shall have the effect and the transfer of the rights in respect of the The transmission of elements of the proprietor's estate does not affect the quality of the right to mark (. The same or similar marks, belonging to the same holder and which are used for identical or similar products or services, may be transmitted by assignment only in full and only to a single person, under penalty of invalidity the transmission act. + Article 42 (1) The application for registration of the assignment will be accompanied by the proof of change of the trade mark proprietor. ((2) 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, except where 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. (3) At the request of the person concerned and with the payment of the tax provided by law, OSIM scores the assignment in the Register of trademarks and publishes it in the Official Industrial Property Bulletin. The assignment is opposable to third parties as of its publication date. + Article 43 (1) The proprietor of the trade mark may, on the basis of a licence agreement, authorise third parties to use the trade mark throughout Romania or on a part thereof, for all or only part of the goods or services for which the trade mark has been Registered. Licences may be exclusive or non-exclusive. (2) The proprietor of the trade mark may invoke the rights conferred by the mark against the licensee which infringed the terms of the licence agreement, as regards the duration of the use, the appearance of the trade mark and the nature of the products been granted, the territory on which the mark may be used, the quality of the manufactured goods or services provided by the licensee under the mark for which the licence was granted. (3) During the term of the trademark license, the licensee is obliged to: a) to use, for the products to which the mark applies, only the mark covered by the licence contract, still having the freedom to apply on these products signs indicating that he is their manufacturer; b) to place the mention under license with the mark applied on the products covered by it, according to the contract. (4) Licences shall be entered in the Register of Marks, with the payment of the tax provided by law, and shall be published in the Official Industrial Property Bulletin. The license is opposable to third parties from its publication date. + Article 44 (1) If in the license agreement is not stipulated otherwise, the licensee may not bring to justice an action in counterfeiting without the consent of the proprietor of the trade mark. (2) The holder of an exclusive licence may bring an action to the contrary, if, after having notified the proprietor of the trade mark of the infringement of which he became aware, he has not acted within the time required by the licensee. (3) When an action in counterfeiting was started by the holder, any of the licensees may intervene in the process, requesting the compensation of the damage caused by the trade mark's counterfeiting. ((4) The lack of registration of an OSIM licence shall 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. ((5) The registration of the licence is not a condition for the use of a mark by the licensee to be regarded as 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 with respect to that mark. + Chapter VIII Quenching of trade marks + Article 45 (. The holder may waive the trade mark for all or only part of the goods or services for which the trade mark has been registered. (2) Renunciation of the mark shall be declared in writing to OSIM by the proprietor of the trade mark or by the person empowered by him, and the rights to the mark shall be extinguished, with regard to the products and services to which the mark refers, at the date of waiver in the Register of Marks. (3) If a licence has been registered, the waiver of the mark shall be entered only if the proprietor of the trade mark proves that he has notified the licensee of the intention to renounce + Article 46 ((1) Any interested person may request the Bucharest Tribunal, at any time during the term of protection of the trade mark, the revocation of the holder of the rights conferred by the 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). (2) It is assimilated to the actual use of the 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. (3) The holder may not be deprived of his rights if, in the period from the expiry of the term provided 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. ((4) Proof of use of the trademark incumba of its holder and can be made by any means of proof. ((. Decoration shall take effect from the date of introduction of the application for revocation to the competent court. (6) The mark shall be removed from the Register of Marks and the deletion shall be published in the Official Industrial Property Bulletin. + Article 47 ((1) The cancellation of the trademark may be requested by any interested person for any of the following reasons: a) the registration of the trade mark was made with non-compliance with 5 5 para. ((1); b) the registration of the trade mark was made with non-compliance with 6 6; c) the registration of the trade mark has been applied for rea-crediting d) the registration of the trade mark shall affect the right to image or patronymic name e) the registration of the trade mark shall be without prejudice to previously acquired rights in respect of a protected geographical indication, a design or a protected industrial model or other industrial property protected, or of copyright. (2) The action for cancellation for the reason provided in par. ((1) lit. c) can be introduced at any time during the protection of the brand. (3) The deadline within which the cancellation of the trademark registration may be requested for the reasons provided in par. ((1) lit. a), b), d) and e) is 5 years and flows from the date of registration of the mark. ((4) The registration of the trade mark may not 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 46 46 para. ((1)-(3). (5) If the earlier trade mark was used only for a part of the goods or services for which the trade mark was 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. + Article 48 (1) The proprietor of an earlier trade mark, which with science has tolerated in an uninterrupted period of 5 years the use of a later registered trade mark, may not request 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. (2) In the case provided in par. ((1), the proprietor of the later registered trade mark may not object to the use of the earlier mark, although the latter may no longer be invoked against the later mark + Article 49 If a reason for revocation or invalidity exists only for a part of the products or services for which the mark has been registered, the decay or nullity will only take effect on these products or services. + Chapter IX Collective marks + Article 50 (1) Associations of manufacturers, manufacturers, traders, service providers may request to OSIM the registration of collective marks. (2) The applicant for the registration of a collective mark shall submit, with the application for registration or at the latest within 3 months from the date of notification by OSIM, a regulation for the use of the collective mark. The application will be subject to the requirements of art. 9. (3) In the rules of use of the collective mark the applicant for the trademark application will indicate the persons authorized to use the collective mark, the conditions to be fulfilled in order to become a member of the association, the use of the mark, the reasons why this use may be prohibited to a member of the association, as well as the sanctions that may be applied by the association (4) The rules for the use of the collective mark may stipulate that the collective mark may not be transmitted by the proprietor except with the consent of all members of + Article 51 ((. In addition to the grounds for rejection provided for the application for registration of an individual trade mark, a collective mark shall be rejected upon registration if: a) the applicant does not have the quality provided for in 50 50 para. ((1); b) the requirements of art. 3 lit. e); c) the regulation of the use of the trademark is contrary to public order or good morals. ((2) After the publication of the collective mark and the rules of use of that trade mark, the proprietor of a previous trade mark or of a mark, and of an earlier right acquired with regard to his or her 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. 19 19 para. (1), opposition to registration of the collective mark. + Article 52 (. The proprietor of the collective mark shall communicate to the OSIM any modification of the rules of use of the mark. ((2) The modification of the trademark use regulation only takes effect from the date of registration of the change in the Register of Marks The amendment is not mentioned in the register, if the regulation for the use of the trade mark, as amended, does not meet the requirements 50 50 para. ((3). + Article 53 Any interested person may ask the Bucharest Tribunal, at any time during the protection of the trade mark, to forfeit the holder of the rights conferred by a collective mark, when: 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 trademarks, for the products or services for which the mark was registered; b) the holder has used the trade mark under conditions other than those provided for by the Regulation or has not taken measures to prevent such use; c) by use, the brand has become liable to mislead the public. + Article 54 (1) Any interested person may ask the Bucharest Tribunal to cancel the registration of a collective mark, within 5 years of its registration, if there is one of the reasons provided for in art. 47 47 para. ((1) lit. a), b), d) and e). (2) If the registration of the trademark was requested in bad faith or the mark was registered with non-compliance with the requirements provided in art. 50 50 para. (1)-(3), its cancellation may be requested by the Bucharest Tribunal by the interested person, at any time during the period of protection of the trademark + Article 55 Collective marks are subject to the regime of individual brands, unless otherwise provided by this law. + Chapter X Certification marks + Article 56 (1) The certification marks may be registered with the OSIM by legal persons legally empowered to exercise the control of the products or services in respect of the elements provided in art. 3 lit. f). (2) They may not require the registration of a certification mark legal persons who manufacture, import or sell products or provide services, other than those of quality control. + Article 57 (1) The applicant for the registration of a certification mark shall submit, with the application for registration, presented according to art. 9, or at the latest within 3 months from the date of notification by OSIM: a) the regulation for the use of the certification mark; b) the authorization or document showing the legal exercise of the certification activity or, if applicable, proof of registration of the certification mark in the country of origin. (2) The Regulation will indicate the persons authorised to use the mark, the elements and characteristics to be certified by the mark, the manner in which the competent certifying authority must verify these characteristics and oversee the use of the brand, the fees to be paid for using the brand, the procedures for regulating disputes. ((3) Any natural or legal person, supplier of products or service provider, may be authorized to use the certification mark subject to compliance with the provisions of the Regulation for the use of the certification mark. (4) The holder of the certification mark shall authorise the persons entitled to use the trade mark for the products or services presenting the common characteristics, guaranteed by the rules of use of the trade mark. + Article 58 Outside the grounds for rejection provided for the application for registration of an individual trade mark, a certification mark shall be rejected upon registration and for non-compliance with the provisions of art. 3 lit. f) and art. 56 56 and 57. + Article 59 (1) 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 its patronymic name, to 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. 19 19 para. (1), opposition to registration of the certification mark. ((. Where 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. + Article 60 ((1) Any interested person may ask the Bucharest Tribunal to cancel the registration of the certification mark, within 5 years from its registration, if: a) there is one of the reasons provided in art. 47 47 para. ((1) lit. a), b), d) and e); b) the registration of the trade mark was made with non-compliance with 3 lit. f). (2) If the registration of the trademark was requested in bad faith or the mark was registered with non-compliance with the requirements provided in art. 56 56 and art. 57 57 para. (1)-(3), the person concerned may ask the Bucharest Tribunal to cancel the trademark, at any time during its protection period. + Article 61 (. The rights with regard to the certification mark may not be transmitted by the legal person, the holder of the trade mark. (2) The transmission of the right to the certification mark shall be determined by Government decision. + Article 62 When a certification mark has ceased to be protected, it may neither be filed nor used before the expiry of a period of 10 years from the date of termination of the protection. + Article 63 (1) The certification marks shall be subject to the individual trade mark regime, unless otherwise provided by this law. (2) The fees provided by law for collective marks also apply to certification marks. + Chapter XI International registration of trade marks + Article 64 The provisions of this law also apply to international trade mark registrations, carried out according to the Madrid Agreement or the Protocol on Arrangement, which extend their effects in Romania, unless by these conventions shall not be provided otherwise. + Article 65 The application for international registration for a trademark entered in the Register of Marks, according to the Madrid Agreement, as well as the application for international registration for a mark filed or written in the Register of Marks, according to the Protocol regarding the Arrangement, will be examined by OSIM, with the payment of the tax provided by law. + Chapter XII Community trademark + Article 66 When an application for a Community trade mark 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. + Article 67 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. + Article 68 (1) The holder of an earlier trade mark registered in Romania or of a previous trade mark which was the subject of an international registration having effect in Romania, which shall lodge 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. (2) 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 effect in Romania, for products or services identical to those for which 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. + Article 69 Art. 91 91, 92 and art. 93-95 are also applicable to infringements of the rights of a Community trade mark. + Article 70 (1) An 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's deposit has been made In good faith. (2) Inadmissibility is limited only to products and services for which it has been tolerated. + Article 71 Disputes concerning Community trade marks, for which the Community trade mark Regulation assigns the competence of Community trade mark courts, according to art. 95 95 para. (1) of the latter, are the competence of the Bucharest Court, which judges in the first instance + Chapter XIII Geographical indications + Article 72 (1) The geographical indications of the products are protected in Romania by registering them at OSIM, according to the present law or international conventions to which Romania is a party, and can only be used by persons who produce or market the products for which these indications have been registered. (2) They are not subject to the registration procedure, established by this law, the geographical indications that have acquired or will acquire protection on the way of bilateral or multilateral conventions concluded by Romania. (3) The list of geographical indications whose protection is recognized in Romania, based on the conventions provided in par. (2), will be registered with the OSIM in the Register of Geographical Indications and shall be published in the Official Industrial Property Bulletin. + Article 73 (1) They have the quality to require OSIM to register a geographical indication of the producer associations which carry out a production activity in the geographical area, for the products indicated in the application. (2) 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. (3) The application for registration of a geographical indication contains the elements provided for in the Regulation *) for the application of this Law. ___________ * *) See footnote from art. 9 9 para. ((4). (4) Within 3 months of submission, the OSIM shall examine the application and the fulfilment of the conditions laid down in art. 75 75 and 76. + Article 74 (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 from the publication of the application, any interested person may object to the registration of the geographical indication. ((3) The opposition to the registration of a geographical indication shall be settled according to the provisions regarding the + Article 75 OSIM records the geographical indications and grants the applicant the right to use them after the specialized central public authority or, as the case may be, the competent authority of the applicant's country of origin: a) the geographical indication of the product, to be registered; b) products which may be marketed under this indication; c) the geographical area of production; d) the characteristics and conditions of obtaining which the products must meet in order to be marketed under this indication. + Article 76 The geographical indications shall be excluded from the registration: a) do not comply with the provisions of 3 lit. g); b) are generic names of the products; c) are likely to mislead the public on the nature, origin, way of obtaining and quality of the products; d) are contrary to good morals or public order. + Article 77 (1) If the application meets the requirements of the law, OSIM shall decide to register the geographical indication in the Register of geographical indications and to grant the applicant's right of use. (2) The right of use of the geographical indication, acquired by its registration, belongs to the members of the association registered in the list communicated to OSIM. + Article 78 (. Within two months from the date of the decision to register the geographical indication, it shall be entered in the Register of Geographical Indications. (2) 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. + Article 79 The registration of a geographical indication in the name of a producer association does not constitute an obstacle to the registration of the same indication by any other association having the quality required in art 73. + Article 80 (1) The duration of protection of geographical indications flows from the date of application to OSIM and is unlimited. (2) The right of use of the 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 are maintained. (3) The renewal application is subject to the tax provided by law. + Article 81 Persons authorized to use a geographical indication for certain products have the right to use it on the commercial circuit, applied only on these products, in accompanying documents, advertisements, prospectuses, and may apply the indication registered geographical. + Article 82 (1) It is forbidden to use a geographical indication or to imitate it by unauthorized persons, even if the actual origin of the products is indicated or if mentions are added as: gender, type, imitation and the like. ((. Persons authorised by the OSIM to use a geographical indication for wines or spirits may prohibit the use of that indication by any other person for wines or for spirits not originating in the Community. from the place suggested by that geographical indication, even in cases 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: the kind, the type and the like. + Article 83 The central specialised public authority may, on its own motion or at the referral of an interested person, proceed to the control of the products put into circulation under the registered geographical indication. + Article 84 The right of use of a geographical indication may not be subject to any transmission. + Article 85 (1) For the entire duration of protection of the geographical indication any interested person may ask the Bucharest Court to annul its registration, if the registration of the geographical indication was made with non-compliance with the provisions of 75 75 and 76. ((. For the non-compliance with the quality conditions and the specific characteristics of the products in the area referred to in the geographical indication, the central specialised public authority or any other person concerned may request the Tribunal Bucharest the revocation of the rights of persons authorized by OSIM to use the registered geographical indication. (3) The sentence of the Bucharest Tribunal remaining final shall be communicated to the OSIM by the person OSIM radiates the geographical indication in the Register of geographical indications and publishes its deletion in the Official Industrial Property Bulletin, within two months of communication. + Chapter XIV Defence of rights to trade marks and geographical indications + Article 86 (. The decisions of the OSIM 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, where applicable, from publication of the trademark or geographical indication, with the payment of the legal fee. ((2) OSIM decisions regarding the registration of the assignment or license in the Register of trademarks may be challenged at this office by the interested persons, within 30 days of the communication or, as the case may be, from their publication. (3) Appeals made according to the provisions of par. ((1) and (2) shall be settled by a Board of Appeals within the OSIM. + Article 87 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, the OSIM may, within a maximum of two months, from the date of registration or the the date of registration, as the case may be, to revoke the registration, renewal or registration of the change made; the revocation shall be published in the Official Industrial Property Bulletin. + Article 88 (1) The judgment of the Board of Appeal, motivated, shall be communicated to the parties within 30 days of the ruling and may be appealed to the Bucharest Court, within 30 days of the communication. The decision of the Bucharest Tribunal is subject only to the appeal to the Bucharest (2) Decisions rendered in the cases referred to in art. 36, 46, 47, 53, 54, 60 and 85 can be appealed. + Article 89 (1) At the request of the court, OSIM is obliged to submit to it the documents, documents and information necessary to judge the case with which it was invested. (2) In all disputes concerning the marks the citation of the holders is compulsory. + Article 90 (1) It constitutes a crime and is punishable by imprisonment from 3 months to 2 years or with a fine commission, without right, of the following facts: a) counterfeiting of a trademark; b) the entry into service of a product bearing a mark identical or similar to a trade mark registered for identical or similar products; 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 true place of origin. (2) 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 similarity 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 (3) By putting into circulation it is understood to offer the products or the marketing or their possession for this purpose or, as the case may be, offering or providing services under this sign, as well as the import, export or transit of products under this sign. ((4) The facts provided in par. ((1) do not constitute crimes if they were committed before the date of publication of the mark. (5) In the case of the crime referred to in ((1) lit. a), reconciliation removes criminal liability. + Article 91 (1) If the holder of the industrial property right over a trade mark or a geographical indication or any other person exercising the right of industrial property with the consent of the holder makes credible proof that the right of ownership industrial trade mark or geographical indication is the subject of an unlawful, current or imminent action and that this action risks causing damage to it that is difficult to repair, may require the court to take provisional measures. (. The court may order in particular: a) prohibition of infringement or provisional termination; b) taking the necessary measures to ensure the preservation of evidence. The provisions applicable Government Emergency Ordinance no. 100/2005 on the enforcement of industrial property rights, approved with amendments by Law no. 280/2005 , with subsequent amendments and completions. (3) The applicable procedural provisions are contained in the provisions of the Code of Civil Procedure concerning provisional measures in the field of intellectual property rights. (. Provisional measures may also be ordered against an intermediary whose services are used by a third party to infringe a right protected by this law. + Article 92 For damages caused by the commission of the facts provided in art. 90, the guilty persons can be ordered to compensation, according to the common law. + Article 93 (1) The court will be able to claim the plaintiff to provide any evidence available to him, to prove that he is the holder of the right that was violated or whose violation was unavoidable. (2) In cases where the means of proof in support of the claimant's claims are under the defendant's control, the court will be able to order that the evidence be produced by the defendant, provided that the confidentiality of the information is guaranteed, according to Law. (3) 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. + Article 94 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 illegally marked, as well as information about the identity of the manufacturer or the trader, the quantity of goods manufactured, delivered, received or ordered. + Article 95 The customs powers regarding the enforcement of rights to protected trademarks and geographical indications belong to the National Agency for Fiscal Administration, according to the law. + Chapter XV Duties of the State Office for Inventions and Trademarks + Article 96 OSIM is the specialized body of the central public administration, the only authority that provides on the territory of Romania the protection of trademarks and geographical indications, according to this law. + Article 97 In the field of trade marks and indications, OSIM shall have the following tasks: a) take into account, examine and publish the trademark applications; b) examine the trademarks registered or filed for registration with the World Intellectual Property Organization, according to the Madrid Agreement or the Protocol on Arrangement, recognizing or refusing their protection on the territory Romania; c) take into account and publish the applications for registration of geographical indications and grant protection to them on the territory of Romania; d) issue trade mark certificates; e) issue certificates of registration of geographical indications and grant their right of use; f) organize and keep the Register of trademarks and the Register of geographical indications g) issue priority certificates for trade marks; h) conduct prior registration of a trade mark; i) manage, preserve and develop the national collection of brands and geographical indications and realize the information database in the field; j) maintains relations with similar governmental bodies and regional industrial property organizations; represents Romania in international specialized organizations; k) edit the official publication on the brands and geographical indications of the products and ensure the exchange of publications with similar foreign national administrations and international organizations and organizations; l) inform the European Commission of the national provisions adopted for the transposition of 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; m) performs other duties provided by law. + Chapter XVI Transitional and final provisions + Article 98 (1) Applications for registration of marks for which a decision has not been made until the date of entry into force of this Law are subject to its provisions. (2) Until the date of entry into force of this Law, the Government will approve its implementing regulation *). __________ * *) See footnote from art. 9 9 para. ((4). + Article 99 (1) This law shall enter into force 3 months after 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. 161 161 of 23 April 1998. (. The same date shall be repealed: - Law no. 28/1967 on factory, trade and service marks, published in the Official Bulletin no. 114 114 of 29 December 1967; - Decision of the Council of Ministers no. 77/1968 on the application Law no. 28/1967 ,, published in the Official Bulletin no. 8 8 of 27 January 1968; - Decision of the Council of Ministers no. 1.057/1968 for the approval of the Regulation on the composition, organization and functioning of the commission for the settlement of disputes concerning factory, trade and service marks, published in the Official Bulletin no. 66 66 of 17 May 1968; - Decision of the Council of Ministers no. 2.508/1969 for the establishment and sanctioning of contraventions to the legal norms on inventions, innovations and rationalizations, as well as factory, trade and service marks, published in the Official Bulletin no. 159 159 of 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 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 (JOUE) L series no. 299 299 of 8 November 2008. _________