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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LAW no. 84 of 15 April 1998 (* updated *) (** republished **)
on trademarks and geographical indications *)
(updated until May 26, 2014 *)
Issued



PARLIAMENT

------------ *) Updated form of this bill until May 26, 2014 is carried out by the Legal Department of the SC "Territorial Computing Centre" JSC Piatra Neamt by including all amendments brought by Emergency Ordinance no.
28 of 20 May 2014. The contents of this document is not a document of official character is intended to inform users

____________ **) Republished under art. 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, as corrected in the Official Gazette of Romania, Part I, no. 117 of 1 March 2013, as amended, giving the texts a new numbering.
Law. 84/1998 has been republished in the Official Gazette of Romania, Part I, no. 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 of 30 May 2012, as amended.

Chapter I General Provisions



Article 1


(1) Rights to trademarks and geographical indications are recognized and protected in Romania, according to this law.


(2) This Law shall apply to trade marks for goods and services, individual, collective and certification, covered by a registration or an application for registration in Romania as a result of a Community or international route and geographical indications .


(3) Natural or legal persons with foreign domicile or headquarters outside Romania benefit from the provisions of this law, under international conventions concerning trademarks and geographical indications to which Romania is a party.


Article 2


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

Article 3


Purposes of this law, terms and expressions below are defined as follows:

A) registration of the mark - the acquisition of rights in a trade mark under this law or international conventions and treaties to which Romania is a party;


B) the earlier mark - trademark, mark filed for registration in the Register, provided later to be registered;


C) Community trade mark - registered in accordance with Regulation (EC) no. 207/2009 of 26 February 2009 on the Community trade mark, published in the Official Journal of the European Union (OJEU) series L no. 78 of 24 March 2009, hereinafter referred to as the Community Trade Mark Regulation;


D) known mark - widely known brand in Romania within the target audience for your products or services to which it applies, without the need for registration or use of the mark in Romania to be the opposite;


E) collective mark - mark serving to distinguish the goods or services of the members of an association of the goods or services of other persons;


F) certification mark - the mark indicating that the goods or services for which it is used are certified by its owner in terms of quality, material, mode of manufacture products or provide services, precision or other characteristics;


G) the geographical indication - name identifying a product originating in a country, region or locality of a country, where a given quality, reputation or other determined characteristics may be essentially attributable to its geographical origin;


H) applicant - the person on whose behalf an application for registration;


I) holder - the person in whose name the trademark is registered in the Register and can be any natural or legal person of public or private law;



J) representative, trustee hereinafter - industrial property attorney who may have as representative in proceedings before the State Office for Inventions and Trademarks, hereinafter OSIM;


K) Marks Registry - a database administered by OSIM, which includes trade marks registered in Romania, and all data entered on these records, regardless of the medium on which are stored data;


L) register of geographical indications - data collection, administered by OSIM, including geographical indications registered in Romania, and all data entered on these records, regardless of the medium on which are stored data;


M) Paris Convention - the Convention for the Protection of Industrial Property of 20 March 1883, Paris, as revised and amended, ratified by Romania by Decree no. 1,177 / 1968 published in the Official Gazette no. 1 of January 6, 1969;


N) of the Paris Union countries - countries to which the Paris Convention and which constitute the Union for the Protection of Industrial Property;


O) Madrid - Madrid Agreement concerning the international registration of marks of 14 April 1891, revised at Stockholm on 14 July 1967, ratified by Romania by Decree no. 1,176 / 1968 published in the Official Gazette no. 1 of January 6, 1969;


P) Protocol to that Agreement - Madrid Protocol June 27, 1989 relating to the Madrid Agreement Concerning the International Registration of Marks, ratified by Romania by Law no. 5/1998, published in the Official Gazette of Romania, Part I, no. 11 of 15 January 1998;


Q) CTMR - Council Regulation (EC) no. 207/2009 of 26 February 2009 on the Community trade mark, published in the Official Journal of the European Union (OJEU) series L no. 78 of 24 March 2009;


R) enterprise - any entity engaged in an economic activity, regardless of its legal nature or way of financing.


Chapter II


trademark protection
Article 4


(1) Trade mark right is acquired and protected by registration with OSIM.


(2) Community trade marks enjoy protection in Romania, according to the Regulation on the Community trade mark.


Article 5


(1) are refused registration or be declared invalid if registered for the following reasons absolute:


A) signs which can not constitute a trade mark within the meaning of art. 2;


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


C) trade marks which consist exclusively of signs or indications which have become customary in the current language or in the bona fide and established commercial practices;


D) trade marks which consist exclusively of signs or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, value, geographical origin or the time of manufacturing the product or providing the service or other characteristics thereof;


E) trade marks which consist exclusively of the shape of goods which is required by the nature of the product or necessary to obtain a technical result or which gives substantial value to the product;


F) marks which are likely to mislead the public with regard to geographical origin, quality or nature of the product or service;


G) marks which contain or consist of a geographical indication of such an indication, for products not originating in the territory if the use of such information is likely to mislead the public about the true place of origin ;


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


I) marks contrary to public order or morality;


J) marks which contain, without the owner's consent, likeness or surname of a person who has a reputation in Romania;


K) marks which contain, without the competent authorities, reproductions or imitations of armorial bearings, flags, state emblems, signs, official seals of control and warranty, coats of arms belonging to Union countries and covered art. 6 ter of the Paris Convention;


L) marks which contain, without the competent authorities, reproductions or imitations of armorial bearings, flags and other emblems, logos, names, that fall under Art. 6 ter of the Paris Convention and international intergovernmental organizations belonging to which one or more EU countries;



M) marks containing signs of high symbolic value, in particular a religious symbol;


N) marks containing, without authorization by the authorities, badges, emblems, coats of arms, heraldic other than those envisaged by art. 6 ter of the Paris Convention.


(2) Para. (1) b) to d) shall not apply if, before the date of filing the application for registration, the mark has acquired distinctive character following the use.


Article 6


(1) In addition to the grounds provided for in Art. 5 paragraph. (1), a trademark shall not be registered or, where appropriate, is likely to be canceled for the following reasons relative:


A) if it is identical to an earlier mark and the goods and services for which the mark is applied for or is registered are identical with those for which the earlier trade mark is protected;


B) if, for reasons of identity or similarity in relation to the earlier trade mark and the identity or similarity due to goods or services which the two trade marks can be created, the public has a likelihood of confusion including the likelihood of association with the earlier mark.


(2) For the purpose of par. (1) are earlier trade marks whose filing date is prior to filing the application for registration or, where applicable, the priority right invoked in support of those who are part of the following categories:


A) Community trade marks;


B) trade marks registered in Romania;


C) trade marks registered under international agreements and having effect in Romania;


D) Community trade marks in respect of which it is invoked validly earlier age, according to the Regulation on the Community trade mark, to mark referred lit. b) or c) even if the latter mark has ceased to exist or has been surrendered;


E) applications for trade marks referred to in subparagraph a) -d), subject to subsequent registration of marks;


F) marks which, at the date of filing of the registration or, where appropriate, of the priority claimed, are notorious in Romania, according to art. 6 bis of the Paris Convention.


(3) A mark shall also not be registered or, if registered, is liable to be canceled if it is identical or similar mark in relation to an earlier Community within the meaning of par. (2), and if it was to be, or is already registered for goods or services which are not similar to those for which the earlier Community trade mark is registered, where the earlier Community trade mark enjoys a reputation in the European Union and if the use of the later mark would gain unfair advantage of the distinctive character or the repute of the earlier Community trade mark.


(4) A trademark is also not be registered or, if registered, is liable to be canceled if:


A) mark is identical or similar to an earlier mark registered in Romania within the meaning of par. (2) if it is intended to be registered or already registered for goods or services which are not similar to those for which the earlier mark is registered, where the earlier mark has a reputation in Romania and whether the use of the later mark would gain unfair advantage of the distinctive character and repute of the earlier trade mark or if the use would be detrimental to the distinctive character or the repute of the earlier mark;


B) rights arising from a non-registered mark or another sign used in trade were acquired prior to the date of filing of the registration of the later mark or, where appropriate, before the priority claimed by demand subsequent mark and if the non-registered mark or sign used that gives its holder the right to prohibit use of the later mark;


C) there is an earlier right other than those provided in par. (2) d) in particular a right to a name, a right to privacy, copyright, industrial property rights;


D) trade mark is identical or similar to an earlier collective trade mark conferring a right which expired more than 3 years before the filing date;


E) trade mark is identical or similar to a mark certification mark, the validity of which ended more than 10 years before the filing date;



F) mark is identical or similar to an earlier mark registered for identical or similar goods or services, conferring a right which expired on the grounds of non-renewal at more than 2 years before the date of filing, provided that the holder of the earlier mark gave his agreement for the registration of the later mark may not be used or brand;


G) mark can be confused with a mark was in use abroad on the filing date and continues to be used there if the application was made in bad faith by the applicant.


(5) A mark shall also not be registered when the registration is requested by the Trustee or the holder of the mark in its own name and without the proprietor's consent, if the agent or representative of the proprietor does not prove that it has the right to require such registration.


(6) A trade mark shall not be refused registration or, if applicable, registration is not canceled when the proprietor of the earlier mark or earlier right consents to the registration of the later mark.


(7) A trade mark may be refused registration or, where appropriate, likely to be canceled as provided in Art. 6 septies of Paris Convention.


Article 7


Nature of the goods or services for which the trade mark is sought does not constitute an obstacle to registration.

Chapter III


application for registration
Article 8


Right to a mark belonging to the applicant who filed the first under the law, the registration of the mark.

Article 9


(1) The application for registration filed with OSIM, written in Romanian and containing elements provided in par. (2) the regular filing of the trademark.


(2) The application for registration include the following:


A) the explicit request of the registration;


B) identification of the applicant and, where applicable, the representative;


C) a graphical representation of sufficient clarity, the trade mark is sought;


D) list of goods and / or services for which the trademark registration is requested;


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


(3) The application presents specific mentions when brand:


A) containing one or more colors claimed as distinctive elements of the mark;


B) is three-dimensional or a different type than the word or figurative;


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


(4) The application relates to one brand and is presented as provided by the rules *) for the implementation of this law.



__________ *) See Government Decision no. 1.134 / 2010 approving the Regulation implementing Law No. 84/1998 on trademarks and geographical indications, published in the Official Gazette of Romania, Part I, no. 809 from 3 December 2010.

(5) applications for registration filed under the Madrid Agreement or Protocol to that Agreement must meet conditions such treaties.


(6) The application for registration can be done at the registry OSIM by mail or electronically, as provided by the rules *) for the implementation of this law.


Article 10


(1) The filing date is the date the application was filed with OSIM trade mark provided that it contains all the elements referred to in art. 9 paragraph. (1).


(2) Where an application for registration has been regularly filed for the first time in another member country of the Paris Union or a member of the World Trade Organization, the applicant may claim the date of first filing an application for Romania registration of the same mark, provided that the latter application be filed with OSIM within 6 months from the date of the first filing.


Article 11


(1) If the appellant presented certain products and services under an international brand in an official or officially recognized 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, as revised on 30 November 1972, organized in Romania or in a Member State of the Paris Convention, and whether an application for registration has been submitted under these products and services has been filed with OSIM into within 6 months from the date of the first display in the exhibition, the applicant has a right of priority from the date the product in the exhibition.



(2) The period of six months provided in par. (1) not extend the period of priority laid down in Art. 10 para. (2).


Article 12


(1) The priority rights referred to in Art. 10:11 should be invoked together with the application for registration, supported by priority documents and are subject to the legally established fee.


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


(3) Failure to comply with the deadline provided in par. (2) entail refusal of priority claimed.


Article 13


(1) Registration of a mark may be applied individually or jointly by any person, directly or through an agent, as provided by law and regulation *) for the implementation of this law.


(2) Representation by proxy applicant is required when the applicant has no domicile or headquarters and no effective industrial or commercial establishment and functioning within the European Union or the European Economic Area, other than in filing the application for registration mark.


Article 14


An applicant for registration shall communicate within three months of its submission to OSIM, proof of payment of registration and application examination at the rate specified by law.

Article 15


(1) An applicant for registration of a mark that covers several products or services may request OSIM divide the initial application into two or more applications, distribute the goods or services in the divisional applications on payment of the prescribed fee .


(2) The divisional applications retain the filing date of the initial application and, where appropriate, the benefit of priority right acquired under Art. 10 para. (2) or Article. 11 para. (1).


(3) The applicant may request the division of the initial application during examination mark with OSIM before a decision on registration, as well as in the proceedings of the committee of the OSIM or during any appeal procedure or appeal against the decision of registration.


(4) The applicant shall submit documents requested by OSIM to divide the initial application and pay the prescribed fee within 3 months from the date the request for division. Otherwise, OSIM will note that the applicant has renounced division of the initial application.


Chapter IV


procedure for registration
Article 16


(1) Within one month of receipt of the application for registration, OSIM examines whether the conditions laid down in art. 9 paragraph. (1) and, if so, assign filing date of the application.


(2) If the application does not meet the requirements of Art. 9 paragraph. (1), OSIM shall notify the applicant lacks demand, with a term of 3 months to correct. If the applicant completes the lacks notified by OSIM is filing date on which the application for registration was filed pursuant to art. 9 paragraph. (1). Otherwise, the request is rejected.


(3) If the registration fee and examination of the application is not paid within the period specified in Art. 14, OSIM may grant, for good reasons, within two months.


(4) If unpaid taxes within the applicant shall be deemed waived and trade mark application is rejected.


Article 17


Trade mark application with a filing date shall be published in electronic format, within 7 days from the filing date, as provided by the rules *) for the implementation of this law.

Article 18


Within two months of publication of the application for registration, according to art. 17, any interested person may comment on the application for registration to the absolute grounds for refusal laid down in art. 5.

Article 19


(1) Within two months of publication of the application for registration, according to art. 17, any interested person may appeal to the trade mark for relative grounds for refusal set out in art. 6.


(2) Opposition shall be in writing, motivated and pay the prescribed fee.


(3) the applicant so requests, the proprietor of the opposing party presents evidence that the OSIM:


A) over a period of five years preceding the date of publication of the mark on which the opposition, the earlier mark was the subject of an effective use in Romania for goods and services for which it was registered;



B) there are reasonable grounds for not using the mark on which the opposition has been lodged.


(4) failing to pay legal fees for opposition, it is considered that this was not done.


Article 20


(1) OSIM notifies the applicant's trade mark, without delay, the opposition filed, indicating the name of the person who formulated it, and why the opposition on the trademark registration.


(2) Within 30 days of notification of the opposition, the applicant may submit its views.


(3) Settlement of opposition may be suspended in the following situations:


A) it is based on an application for registration, up to its registration;


B) score opposite to an action for annulment or revocation, until the final settlement of the case.


(4) During the suspension at any time, the applicant may request the resumption of settlement or opposition opponent, if the reason for suspension no longer exist.


Article 21


(1) The opposition concerning the application for registration shall be settled by a commission published within the Service marks and geographical indications of OSIM, according to the regulation *) for the implementation of this law.


(2) The Commission shall issue a notice of admission or rejection of the opposition, which is envisaged to consider the substance.



__________ *) See footnote art. 9 paragraph. (4).

Article 22


(1) OSIM examines the merits of the request and decide on the admission mark registration of the mark in whole or in part, or reject the application for registration within maximum six months after its publication, subject to the payment of taxes registration and application processing required by law.


(2) Repealed.



----------- Alin. (2) art. Article 22 was repealed. VII of the Emergency Ordinance no. 28 of 20 May 2014 published in the Official Gazette no. 388 of 26 May 2014.

(3) OSIM examines:


A) the quality of the applicant in accordance with art. 3 letter h) and j) where appropriate;


B) the provisions of art. 12 para. (1) and (2) if priority is claimed in the application;


C) the grounds for refusal set out in art. 5 paragraph. (1) and, where applicable, observations.


(4) If the opposition were made on the application for registration for the grounds for refusal laid down in art. 6 opinion of the committee referred to in art. 21 para. (1) is required to consider the substance.


(5) If the terms in para. (1) and (2) OSIM is obliged to refund the charges levied.


Article 23


(1) When a non-essential element of the trademark is not distinctive and if this element is likely to create doubts regarding the scope of trademark protection, OSIM require the applicant to declare, within two months of its notification, that invokes an exclusive right to that element. The statement is published together with the trademark.


(2) In the absence of the declaration referred to in para. (1) application for registration is rejected.


Article 24


(1) Examination of grounds for refusal on known mark is made according to criteria such as:


A) the degree of distinctiveness, initial or acquired notorious trademark in Romania;


B) timing and extent of use in Romania notorious trademark in relation to goods and services for which a mark is sought to be registered;


C) the duration and extent of advertising known mark in Romania;


D) the geographical area of ​​use of the notorious trademark in Romania;


E) awareness notorious trademark on the Romanian audience to which it is addressed;


F) the existence of identical or similar mark for identical or similar goods or services belonging to someone other than who claims his trademark is notorious.


(2) examining the grounds for refusal based on the criteria set out in para. (1) OSIM may require from public authorities, public institutions and individuals from private legal documents to the notoriety of the brand in Romania.


Article 25


When a ground for refusal, as stipulated in art. 6 applies only to goods or services for which registration was applied for, registration will be refused for those goods or services.

Article 26



(1) If, after examining the application, according to Art. 22 and 24 are found fulfilling legal conditions, OSIM decides the registration of the mark. Brand is published in the Official Bulletin of Industrial Property in electronic format, within two months of registration decision and OSIM shall issue the certificate for registration only after payment of the publication and release.


(2) If the application does not meet the conditions for registration of the mark, OSIM shall notify the applicant, granting them a period of three months in which to communicate their views or to withdraw its application. The deadline may be extended for a further period of 3 months, upon request and payment of the prescribed fee.


(3) The period provided in par. (2) OSIM shall decide, as appropriate, trade mark, reject the application for registration or to note the withdrawal of the application.


Article 27


(1) An applicant may at any time withdraw its application for registration or to restrict its list of goods or services. The brand has already been published, the withdrawal or restriction shall be published in the Official Bulletin of Industrial Property.


(2) The application for registration may be amended, upon request, only to correct the name or address of the applicant or other adjustments that do not substantially affect the mark or extend the list of goods or services.


(3) Any amendment requested by the applicant to registration, substantially affecting the trademark or the list of goods or services shall be subject to a new application for registration.


Article 28


In course of the mark, OSIM is entitled to request explanations and documents it deems necessary if there is a doubt on the accuracy or the content elements of the application for registration.

Article 29


(1) OSIM shall, without delay, in the register of trademarks for which those trade marks registration decision has been taken.


(2) Registration registration in the Register is subject to tax under the law.


(3) After entry in the Register, OSIM certificate of registration.


(4) Marks Registry is public.




Chapter V Duration, renewal and modification of the trademark registration

Article 30


(1) Trademark registration with effect from the date of filing of the trademark for a period of 10 years.


(2) On request, the trademark registration may be renewed at the end of each period of 10 years on payment of the prescribed fee.


(3) The application for renewal of a registration may be made before the expiry of the term of protection under way, but not earlier than 3 months before the expiry of that term.


(4) Renewal of a registration from the day immediately following the expiration of the current term of protection.


(5) renewal of the registration fee is due with the application for renewal; fee may be paid within 6 months from the expiry of protection, with the increase provided by law.


(6) Non-payment of fee in accordance with para. (5) is punishable by forfeiture of the trademark right.


Article 31


(1) The application for renewal of registration shall contain:


A) express request renewal of the registration;


B) identification of the owner and, where applicable, the name and address or registered office of;


C) number for registration in the Register;


D) filing date of the application for registration.


(2) If the owner requests renewal only some of the goods and services listed in the Register, it will indicate the name of the goods or services for which the renewal of the mark.


Article 32


(1) Where OSIM states that the conditions provided by law for renewal of the registration, notify the owner who may submit a response within 3 months of receipt of notification; in the absence of a response within application for renewal of registration shall be refused.


(2) The applicant for renewal may appeal the decision to reject the renewal of the registration, the deadline and procedure provided in Art. 86.


Article 33


(1) Renewal of a registration shall be entered in the Register and published in the Official Bulletin of Industrial Property within 3 months from the filing with OSIM the renewal application.



(2) renovation mark registration in the Register is subject to tax under the law.


(3) OSIM shall issue the holder a certificate of trademark registration renewal.


Article 34


(1) During trademark protection, the holder may request OSIM, pay the prescribed fee, the introduction of essential changes of some elements of the mark, provided they do not affect the mark's distinctive character; list of goods and services can not be extended.


(2) OSIM will score in the Register changes introduced under par. (1), and will publish the mark as amended.


Article 35


During the whole term of protection of the trade mark owner may request OSIM, pay the prescribed fee, registration of alterations of the name, designation, address or registered office in the Register. Amendments entered in the Register shall be published in the Official Bulletin of Industrial Property.

Chapter VI


trade mark rights
Article 36


(1) registration of a trademark confers on its proprietor an exclusive right over the trademark.


(2) The holder of a trademark may request the competent court to prohibit others to use in their commercial activities without his consent:


A) a sign identical to the trade mark for goods or services identical to those for which the mark is registered;


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


C) a sign identical or similar to the trade mark to goods or services different from those for which the mark is registered, where the latter has a reputation in Romania and if unlawful use of the sign would be detrimental to the distinctive character often at the expense of the brand its reputation.


(3) Pursuant to par. (2) the trade mark proprietor may request that person be prohibited, in particular the following acts:


A) affixing the sign to goods or their packaging;


B) offering the goods market or stocking them for this purpose or, where applicable, offering or supplying services thereunder;


C) release for free circulation, export, import, placing under a suspensive customs procedure or economic and grant any other customs destinations as they are defined in customs regulations, products under the sign;


D) using the sign on business papers and advertising.


Article 37


(1) An applicant for registration of the trade mark may request that others be prohibited to perform acts referred to in art. 36 para. (2) only after publication.


(2) For documents in para. (1) committed after publication of the application for registration, the applicant may claim damages under civil law. Ordering payment of damages shall be enforceable only after the registration of the mark.


(3) If the application for registration was rejected, the applicant is not entitled to compensation.


Article 38


(1) Trade mark right is exhausted, and the owner can not prohibit others to use in relation to goods which have been put on the market in the European Union and European Economic Area under that trade mark by the proprietor himself or with his consent.


(2) Para. (1) shall not apply if there are special reasons justifying opposition by the proprietor to subsequent marketing, especially when the condition of the goods is changed or impaired after their trade.


Article 39


(1) Proprietor can not ask to prohibit a third party from using his trade:


A) name / designation or address / registered holder;


B) indications concerning the kind, quality, intended purpose, value, geographical origin, time of production of goods or of rendering of service under the trademark, and any other characteristics thereof;


C) mark where it is necessary to indicate the intended purpose of the product or service, especially for spare parts or accessories.


(2) Para. (1) shall apply provided that the use by a third party of the elements referred to in subparagraph a) and c) be compatible with fair practice in industrial or commercial.


Chapter VII transmission


trade mark rights
Article 40



(1) trade mark rights can be transferred by assignment, license or by succession.


(2) It is also considered transfer of rights and enforcement of the debtor, owner of the mark made under the law.


(3) The registration of transfer of rights to the trademarks in dispute is suspended until the date of the final judgments on them.


Article 41


(1) The rights in a mark may be assigned independently of the transfer of the business in which it is incorporated. The assignment must be in writing and signed by the contracting parties, subject to cancellation.


(2) Assignment of trade mark rights can be for all goods or services for which the mark is registered or only for some of them; assignment, even partially, can not territorially limit the use of the mark to goods or services covered.


(3) If the proprietor heritage is transmitted in its entirety, this has the effect of transmission and transfer of rights in the mark. Transmission of heritage items do not affect tenured holder of the trademark law.


(4) identical or similar marks belonging to the same owner and are used for identical or similar goods or services can not be assigned only entirely and only by one person, under penalty of nullity of the assignment act.


Article 42


(1) The request for registration of the assignment shall be accompanied by the proof of change proprietor.


(2) OSIM transmission refuse registration if the assignment is clear that through this public is misled as to the nature, quality or geographical origin of the goods or services for which the mark is registered, apart from the situation the recipient agrees to limit transmission transmission mark to goods or services for which the trademark is not misleading.


(3) At the request of the person concerned and on payment of the prescribed fee, OSIM shall enter the transfer in the Register and published in the Official Bulletin of Industrial Property. The assignment is enforceable against third parties from the date of publication.


Article 43


(1) The holder of a trademark may, under a license agreement, to authorize third parties to use the mark throughout Romania or part thereof for all or only some of the goods or services for which the mark registered. Licenses may be exclusive or non-exclusive.


(2) Proprietor of the mark can invoke the rights conferred by the trade mark against a licensee who contravenes any provision in his licensing contract with regard to duration of use, nature of the mark and the goods or services for which the license was granted, the territory in which the mark can be used, quality of products manufactured or services provided by the licensee under the trademark for which the license was granted.


(3) During the license agreement, the licensee must:


A) use, for products to which the mark, the mark that is the subject of the license agreement, remaining free to apply these products, signs indicating that he is the manufacturer;


B) to make a statement under the mark affixed to products covered by it, according to the contract.


(4) Licences shall be entered in the Register on payment of the prescribed fee, and published in the Official Bulletin of Industrial Property. The license is opposable to third parties from the date of publication.


Article 44


(1) If the license agreement otherwise stated, the licensee may bring a legal action for infringement without the consent of the proprietor.


(2) The holder of an exclusive license may bring an action for infringement if, after notice to the proprietor of the infringing acts of which he has knowledge, he has not acted within the period requested by the licensee.


(3) When a patent infringement action was initiated by the owner, any of the licensees may intervene in the proceedings to obtain compensation for damages caused by infringement of the mark.


(4) Lack of registration of a license does not affect OSIM:


A) the validity of the trademark registration which is the subject of the license or the license on the protection of the mark;


B) intervention in an action for infringement committed by the holder or to obtain, in this proceeding, damages, resulting from an infringement of a mark subject of the license.



(5) The registration license is not a condition for the use of a trademark by the licensee to be regarded as equivalent to an act of use by the holder in proceedings relating to the acquisition, maintenance or validity of the rights on the mark.




Chapter VIII Loss of Rights in Marks

Article 45


(1) The trademark owner may surrender all or only some of the goods or services for which the mark is registered.


(2) Waiver mark shall be declared in writing to OSIM by the proprietor or the person authorized by him, and the trade mark rights are extinguished on products and services to which the mark relates, when submitting Cancellation in the Register.


(3) If a license has been registered, surrender of a mark is entered only if the proprietor proves that he has advised the licensee intends to surrender the mark.


Article 46


(1) Any interested person may ask the Court of Bucharest, anytime during the term of trademark protection, the forfeiture of trade mark rights if:


A) without justifiable reasons, a continuous period of five years, reckoned from the date of registration in the Register, it has not been subject to effective use in Romania for goods or services for which it is registered or if this use was suspended for an uninterrupted period of 5 years;


B) the date of registration, the mark has become as a result of acts or inactivity of the proprietor, the common name in trade for a product or service for which it is registered;


C) date of registration and following the use of the mark by the proprietor or with his consent, the brand has become liable to mislead the public, particularly as to the nature, quality or geographical origin of the goods or services covered registered;


D) trademark was registered to a person having the capacity required by art. 3 letter h) and i).


(2) is considered effective use of the mark:


A) use of the mark in a form differing from the registered through certain elements not altering its distinctive character;


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


C) the affixing on products or their packaging exclusively for export;


D) its use by a third party with the consent of the proprietor or by any person entitled to use a collective mark or certification mark, considered as use of the mark by its proprietor himself.


(3) The holder may not be revoked if, during the period provided in par. (1) a) until the submission of the application for revocation, the brand has been used effectively. However, if the beginning or resumption of use of the mark held 3 months before the presentation of the prosecution of the application for revocation, use of the mark is not taken into account if preparations for the commencement or resumption of use occurred only after the owner is aware of the fact it could be an application for revocation.


(4) incumbent proof of use of the mark and its proprietor may be by any means.


(5) Forfeiture effect on the date the application for revocation to the competent court.


(6) Brand is excluded from the register of trademarks and striking statement published in the Official Bulletin of Industrial Property.


Article 47


(1) Cancellation of a registration may be required Bucharest Court by any interested person for any of the following reasons:


A) the mark was registered contrary to the provisions of art. 5 paragraph. (1);


B) the registration was contrary to the provisions of art. 6;


C) the registration was applied for in bad faith;


D) the registration infringes the rights of the image or the patronymic name of a person;


E) the registration infringes earlier rights acquired on a geographical indication, a design or a protected industrial design or other intellectual property right protected or on a copyright.


(2) An action for annulment on the grounds provided in par. (1) c) can be introduced at any time during the period of trademark protection.



(3) The deadline for requesting cancellation of registration on the grounds under. (1) a), b), d) and e) for 5 years and begins on the date of the trademark registration.


(4) The registration mark shall be canceled on account of a conflict with an earlier trade mark if the latter does not fulfill the conditions of use set out in art. 46 para. (1) - (3).


(5) Where the earlier mark has not been used only some of the goods or services for which the mark is registered, the trademark registration may be canceled only for those goods or services for which the trademark has not been used.


Article 48


(1) The owner of an earlier mark which knowingly tolerated in a continuous period of five years subsequent use of a trade mark registered, may not request cancellation or oppose use of the later mark for goods and services for which that subsequent trade mark was used, unless registration of the later mark was sought in bad faith.


(2) In the case under para. (1) subsequently registered proprietor can not oppose the use of the earlier mark, although the latter can not be invoked against the later mark.


Article 49


If the grounds for revocation or invalidity there are only some of the goods or services for which the mark is registered or revocation or invalidity shall have effect only on those products or services.

Chapter IX Collective Marks



Article 50


(1) Associations of manufacturers, producers, traders, service providers may apply for registration of collective marks at OSIM.


(2) The registrant of a collective mark shall file with the application or at the latest within 3 months from the date of notification by OSIM, the regulations for using the collective mark. The request will be subject to the requirements of art. 9.


(3) The regulations governing use of the collective trade mark applicant for registration of the mark shall specify the persons authorized to use the mark, the conditions to be met to become a member of the association, the conditions of use of the mark, the reasons for such use It can not be a member of the association and the penalties that can be imposed by the association.


(4) regulations for using the collective mark can provide that collective mark can not be transmitted by its owner only with the consent of all members of the association.


Article 51


(1) Outside grounds for refusal of the application for registration of an individual mark, a collective mark shall be refused registration if:


A) the applicant does not have the capacity required by art. 50 para. (1);


B) are not met the requirements of Art. 3 letter e);


C) the rules of use of the mark is contrary to public order or morality.


(2) After the publication of the collective mark and regulations governing use of the mark, the proprietor of an earlier mark or a notorious trademark, as well as an earlier right on the image or the patronymic name, an indication protected geographical from a protected design or model or a copyright and any other interested person may submit to OSIM, within the period provided for in art. 19 para. (1) opposition to collective trade mark.


Article 52


(1) The holder of the collective mark must communicate to OSIM any change to regulations governing the use of the mark.


(2) Changing the regulations governing use of the mark takes effect only from the date of entry in the Register. Change is not mentioned in the Register if the regulations governing use of the mark, as amended, does not meet the requirements of Art. 50 para. (3).


Article 53


Any interested person may ask the Court of Bucharest, anytime during the trademark protection, the forfeiture of rights under a collective mark:

A) without justifiable reasons, it has not been subject to genuine use within a continuous period of five years, calculated from the date of registration of the mark in the register of trade marks for goods or services for which the mark is registered;


B) the owner has used the mark in circumstances other than those provided for by regulation or not taken steps to prevent such use;


C) use the trademark became liable to mislead the public.


Article 54



(1) Any interested person may request the Bucharest Court annul the registration of a collective mark within five years of registration, if any of the grounds referred to in art. 47 para. (1) a), b), d) and e).


(2) If the registration was applied for in bad faith or if the mark has been registered contrary to the requirements of art. 50 para. (1) - (3), cancellation may be requested by the interested Bucharest Tribunal, anytime during the trademark protection.


Article 55


Collective marks are subject to individual marks, if the law does not provide otherwise.

Chapter X


Certification Marks
Article 56


(1) certification marks may be registered with OSIM by legal entities authorized to supervise the goods or services in accordance with item. 3 letter f).


(2) may not apply for a certification mark registration Legal persons who manufacture, import or sell products or provide services other than those responsible for quality control.


Article 57


(1) The registrant of a certification mark shall file with the application submitted in accordance with art. 9, or at the latest within 3 months from the date of notification by OSIM:


A) regulations governing use of the certification mark;


B) authorization or document proving the legal exercise of certification activities or, where applicable, proof of registration certification mark in the country of origin.


(2) Regulation will specify the persons authorized to use the mark, the elements and characteristics which must be certified by the mark, how the certifying competent authority must verify those characteristics and supervise the use of the trade mark fees payable for use mark and the procedures for settling disputes.


(3) Any natural or legal person, supplier or service provider may be authorized to use the certification mark subject to compliance with the regulation of use of the certification mark.


(4) The owner of a certification mark shall authorize other persons to use the trademark for goods or services possessing common characteristics guaranteed by the regulations of use of the mark.


Article 58


Outside grounds for refusal of the application for registration of an individual mark, a certification mark is refused registration and for non-compliance with art. 3 letter f) and Art. 56 and 57.

Article 59


(1) After publication of the mark and the regulation of its use, the proprietor of an earlier trade mark or a notorious trademark, as well as an earlier right on the image or the patronymic name, a geographical indication at a protected design or model or a copyright and any interested person may submit to OSIM, within the period provided for in art. 19 para. (1) opposition to the registration of the certification mark.


(2) If users a certification mark does not comply, the holder may withdraw the authorization to use the mark or apply other sanctions provided for in the regulation.


Article 60


(1) Any interested person may request the Bucharest Court annul the registration of a certification mark within five years of its registration if:


A) it is one of the reasons provided in Art. 47 para. (1) a), b), d) and e);


B) the mark was registered in breach of Art. 3 letter f).


(2) If the registration was applied for in bad faith or if the mark has been registered contrary to the requirements of art. 56 and art. 57 para. (1) - (3), the interested person may ask the Court of Bucharest the cancellation mark, anytime during its protection.


Article 61


(1) Rights in a certification mark can not be transmitted by a legal person owning the mark.


(2) Transfer of rights in a certification mark is determined by Government decision.


Article 62


When a certification mark has ceased to be protected, it can be neither filed nor used before the expiration of 10 years from the date of expiry of the protection.

Article 63


(1) certification marks shall be subject to individual marks, if the law does not provide otherwise.


(2) The prescribed fees applicable to collective marks and certification marks.





Chapter XI International Registration of Marks

Article 64


Provisions of this law shall apply to international registrations of marks made under the Madrid Agreement or Protocol to that Agreement, which extend their effects in Romania, unless that by this Convention provides otherwise.

Article 65


Application for international registration of a mark entered in the Register under the Madrid Agreement and the application for international registration of a mark registered or entered in the Register in accordance with Protocol to that Agreement will be examined by OSIM, payment of the prescribed fee.

Chapter XII


Community trade mark
Article 66


When a Community trade mark application is filed with OSIM under Art. 25 para. (1) b) CTMR, OSIM sign receipt of the request and without examination, shall forward the Office for Harmonisation in the Internal Market within two weeks to pay the prescribed fee for filing a national application.

Article 67


A Community trade mark application or a Community trade mark can be transformed into a national trade mark application under Art. 112-114 of the Community Trademark Regulation (codified version), paying the fees for the examination procedure of a national application provided by law.

Article 68


(1) The proprietor of a trade mark registered in Romania or of an earlier trade mark which was the subject of an international registration having effect in Romania, submitting an identical mark intended to be registered as a Community trade mark for goods and services identical to those for which the earlier mark was registered or listed in that mark is entitled to a Community trade mark the seniority of the earlier mark as regards Community trade mark in Romania.


(2) The proprietor of a Community trade mark, which is the holder of an earlier identical trade mark registered in Romania or has been the subject of an international registration having effect in Romania for goods or services identical with those for which the earlier mark was registered or included in the list that mark is entitled to seniority in Romania earlier mark.


Article 69


Provisions of art. 91, 92 and art. 93-95 are applicable rights violations to the Community trade mark proprietor.

Article 70


(1) is inadmissible infringement proceedings based on an earlier Community trade mark against a national trade mark registered subsequently, the use of which has been tolerated for five years, provided that the deposit was made the national mark to be good -faith.


(2) The inadmissibility is limited to the goods and services that has been tolerated.


Article 71


Litigations on Community trade mark, which assigns CTMR Community trade mark courts jurisdiction under Art. 95 para. (1) thereof, are within the jurisdiction of the Bucharest Tribunal, which in the first instance.

Geographical indications


Chapter XIII
Article 72


(1) Geographical indications of the products are protected in Romania by registration with OSIM, according to this law or international conventions to which Romania is a party, and may be used only by those who produce or market products that these guidelines were recorded.


(2) are not subject to the registration procedure established by this Law, geographical indications which have acquired or will acquire protection upon certain bilateral or multilateral agreements concluded by Romania.


(3) List of GIs whose protection is recognized in Romania under the agreements referred to in para. (2) shall be entered in the register of geographical indications OSIM and published in the Official Bulletin of Industrial Property.


Article 73


(1) have the quality to require registration of geographical indications OSIM associations of producers pursuing production activity in the geographical area for the products indicated in the application.


(2) The registration of a geographical indication may be required to OSIM, directly or by proxy, and is subject to the prescribed fee.


(3) The application for registration of a geographical indication containing the items specified in the rules *) for the implementation of this law.



___________ *) See footnote art. 9 paragraph. (4).

(4) Within 3 months from the filing, OSIM examines the application and that the conditions of art. 75 and 76.



Article 74


(1) The application for registration of geographical indication shall be published as provided in the implementing regulation of this law.


(2) Within two months after publication of the application, any interested person may file an opposition to registration of geographical indication.


(3) Opposition to registration of a geographical indication decided in accordance with the provisions regarding the brand.


Article 75


OSIM register geographical indications and give the applicant the right to use them after the specialized central authority or, where appropriate, the competent authority of the country of origin of the applicant certifies:

A) the geographical indication, to be registered;


B) the products may be marketed under this indication;


C) the geographical area of ​​production;


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


Article 76


Are excluded from registration geographical indications:

A) not complying with art. 3 letter g);


B) are generic products;


C) are likely to mislead the public concerning the nature, origin, method of production and product quality;


D) are contrary to morality or public order.


Article 77


(1) If the application meets the requirements of the law, OSIM decides the registration of geographical indication in the register of geographical indications and grant the applicant the right to use it.


(2) The right to use a geographical indication, acquired through its registration belongs to the association members enrolled in the list notified by OSIM.


Article 78


(1) Within two months of the decision to register the geographical indication, it is entered in the register of geographical indications.


(2) The registration of a geographical indication in the register of geographical indications and issue the applicant a certificate of registration of geographical indication and for the right of use thereof are subject to duties provided by law.


Article 79


Registration of a geographical indication on behalf of a producer does not prevent registration of the same indication by any other association having the quality required by art. 73.

Article 80


(1) The term of protection of geographical indications runs from the date of filing with OSIM and is unlimited.


(2) The right to use the geographical indication is granted the applicant a period of 10 years, subject to renewal unlimited times, if the conditions under which this right was acquired.


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


Article 81


Persons authorized to use a geographical indication for certain products are entitled to use in commercial applied only on those products, papers, advertising, brochures, and may apply the term registered geographical indication.

Article 82


(1) The use of a geographical indication or its imitation by unauthorized persons, even if the actual origin of the goods or if terms such as kind, type, imitation and the like.


(2) persons authorized by OSIM to use a geographical indication for wines or spirits may prohibit the use of such information by any person for wines or spirits not originating in the place suggested that geographical indication, even where the true origin of the product is expressly mentioned or where the geographical indication is used in translation or is accompanied by terms such as kind, type, and the like.


Article 83


Specialized central public authority may, ex officio or at the request of any interested person, to control the products marketed under the registered geographical indication.

Article 84


Right to use a geographical indication can not be subject to any submissions.

Article 85


(1) Throughout the PGI any interested person may ask the Court of Bucharest the cancellation of its registration if the registration of geographical indication was contrary to the provisions of art. 75 and 76.



(2) failure to comply with quality and the specific characteristics of the products covered by the geographical indication specialized central public authority or any other interested person may request the Bucharest Court revocation of persons authorized by OSIM to use indication registered geographical.


(3) The sentence became final Bucharest Court OSIM is communicated by the person concerned. OSIM cancel the geographical indication in the register of geographical indications and publish the cancellation in the Official Bulletin of Industrial Property within two months of notification.




Chapter XIV protection of rights on trademarks and geographical indications

Article 86


(1) OSIM decisions regarding applications for trade marks and applications for registration on geographical indications can be appealed at this office by any interested person within 30 days from notification or, where appropriate, to publication or geographical indication trademark registration, payment of legal fees.


(2) OSIM decisions concerning the registration of assignment or license in the Register may be contested with the Office of the persons concerned, within 30 days from notification or, where appropriate, for their publication.


(3) Complaints made under par. (1) and (2) shall be settled by a board of appeal of OSIM.


Article 87


If the registration of a trade mark registration or renewal of registration of a change in the Register was made clearly in error, OSIM may, within two months starting from the date of registration or enrollment date after if necessary revoke reasoned registration, renewal or recordal of change; revocation shall be published in the Official Bulletin of Industrial Property.

Article 88


(1) the judgment of the committee, reasoned, communicated to the parties within 30 days after delivery and may be subject to appeal at the Bucharest Tribunal, within 30 days from notice. Bucharest Court decision is subject only to appeal to the Court of Appeal.


(2) The judgments in the cases provided for in art. 36, 46, 47, 53, 54, 60 and 85 may be appealed.


Article 89


(1) At the request of the court, OSIM is obliged to submit the necessary documents and information necessary for judging the cause was invested.


(2) all trademark disputes citing holders is required.


Article 90


(1) an offense punishable by imprisonment from 3 months to 2 years or fine committing, without right, the following facts:


A) infringement of a mark;


B) the release of a product bearing a mark identical or similar to a registered trade mark for identical or similar products;


C) circulation of products bearing geographical indications which indicates or suggests that the product originates from a geographical region other than its true origin.


(2) infringement of a trade mark means making or use by third parties without the consent of the proprietor of the trade, of a sign:


A) identical to the trademark for goods or services identical with those for which the mark is registered;


B) that, given the identity or similarity to the trade mark or the identity or similarity of the goods or services to which the mark with goods or services for which the mark is registered, it would produce in the public a likelihood of confusion including the risk of association sign and the mark;


C) mark for identical or similar goods or services different from those for which the mark is registered, when it acquired a reputation in Romania and where use of that sign without due cause through could take advantage of the distinctive character or the repute or use the sign would mark proprietor cause injury.


(3) the release means offering products market or stocking them for this purpose or, where applicable, offering or providing services under this sign and the import, export or transit of goods under that sign.


(4) acts in para. (1) do not constitute crimes if committed before the date of publication of the mark.


(5) Where an offense under par. (1) a) reconciliation removes criminal liability.


Article 91



(1) If the holder of a trademark or industrial property geographical indication or any other person exercising the right of industrial property with the owner's consent credible evidence that industrial property rights over the trademark or geographical indication subject to unlawful actions actual or imminent and that this action is likely to cause him damage difficult to repair, the court may request interim measures.


(2) The court may order in particular:


A) temporary prohibition of abuse or its cessation;


B) take the necessary steps to preserve evidence. Applicable provisions of the Emergency Government Ordinance no. 100/2005 regarding the enforcement of industrial property rights, approved with amendments by Law no. 280/2005, as amended and supplemented.


(3) applicable procedural provisions contained in the Code of Civil Procedure concerning provisional measures in the matter of intellectual property rights.


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


Article 92


For damage caused by committing deeds referred to in art. 90 guilty persons may be required to pay damages under civil law.

Article 93


(1) The court may ask the plaintiff to furnish any evidence available to prove that he own right that has been violated or whose violation was inevitable.


(2) Where the evidence in support of the plaintiff's claims is under the control of the defendant, the court may order that evidence be produced by the defendant under confidential conditions, according to the law.


(3) The court may order the plaintiff to pay the defendant any damages as a result of the improper exercise of procedural rights on the mark or geographical indication.


Article 94


Proprietor, where appropriate, specialized central public authority concerned may ask the court to order the infringer law providing immediate information on the origin and distribution channels of the goods illegally labeled and identity of the manufacturer or trader, the amount of commodity manufactured, delivered, received or ordered.

Article 95


Customs powers on ensuring the rights to marks and protected geographical indications National Agency for Fiscal Administration, according to the law.



Chapter XV Powers of the State Office for Inventions and Trademarks

Article 96


OSIM is the specialized body of central public administration, the sole authority in Romania ensure the protection of trademarks and geographical indications under this law.

Article 97


In the field of trademarks and geographical indications, OSIM shall:

A) take evidence, examine and publish applications for registration;


B) examine trademarks registered or submitted for registration with the World Intellectual Property Organization under the Madrid Agreement or Protocol to that Agreement, recognize or refuse their protection in Romania;


C) take out and publish applications for registration of geographical indications and their protection in Romania;


D) issue certificates of trademark registration;


E) issue certificates of registration of geographical indications and grants the right to use;


F) establish and keep the register of trademarks and geographical indications;


G) issues certificates of priority for trademarks;


H) carry out anticipation searching;


I) manages, preserves and develops the national collection of trademarks and geographical indications and computer database in the field;


J) maintain relations with similar governmental bodies and regional organizations industrial property; represent Romania in the specialized international organizations;


K) issue the official publication on trademarks and geographical indications of products and exchange publications with comparable foreign national and international bodies and organizations in the field;



L) inform the European Commission about the national provisions adopted for transposing First Council Directive of 21 December 1988 to approximate the laws of Member States relating to trade marks No. 89/104 / EEC, published in the Official Journal of the European Union (OJEU) series L no. 40 of 11 February 1989;


M) perform other duties provided by law.




Chapter XVI Transitional and Final

Article 98


(1) Applications for registration of trademarks for which no decision has been taken by the date of entry into force of this law are subject to its provisions.


(2) Pending the entry into force of this law, the government will approve its implementing rules *).



__________ *) See footnote art. 9 paragraph. (4).

Article 99


(1) This Law shall enter into force three 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 of 23 April 1998.

(2) On that date is repealed:


- Law no. 28/1967 on trademarks, trade and service, published in the Official Gazette no. 114 of 29 December 1967;
- Decision of the Council of Ministers no. Law No. 77/1968 on the application. 28/1967, published in the Official Gazette no. 8 of January 27, 1968;
- Decision of the Council of Ministers no. 1.057 / 1968 approving the Regulation on the composition, organization and functioning of the commission to resolve disputes concerning trademarks, trade and service, published in the Official Gazette no. 66 of 17 May 1968
- Decision of the Council of Ministers no. 2.508 / 1969 for the establishment and sanctioning infringements of the law on inventions, innovations and rationalizations and trademarks, and service trade, published in the Official Gazette no. 159 of December 31, 1969;
- Any contrary provisions of this law. *

This law transposes Directive 2008/95 / EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of Member States relating to trade marks (codified version), published in the Official Journal of the European Union (OJEU ) series L no.
299 of 8 November 2008. _________

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