Should you have information, following the report sent by us, that an identical or a similar trademark to yours has been submitted and you wish to object to the registration of that trademark, we can assist you in this procedure by formulating and submitting the opposition to OSIM (State Office for Inventions and Trademarks).
The opposition procedure
The opposition can be submitted within 2 months from the date when the trademark has been issued and can be formulated by any interested individual.
The oppositions must be formulated in written form, substantiated and paid for with the fee established by law.
At the solicitant’s request, the title holder of the trademark who has formulated the opposition provides OSIM with the evidence that:
a) during a 5-year period which preceded the date of issuing the trademark which the opposition was formulated on, the previous trademark was the subject of an effective use on the Romanian territory of the products and services for which it has been registered or
b) there are well-grounded reasons for the neutralization of the trademark for which the opposition was issued. OSIM notifies the solicitant of the trademark registration request on the formulated opposition, underlining the name of the person who formulated it, as well as the reasons of the opposition to the trademark registration.
Within 30 days from the date of notifying the opposition, the solicitant can present its point of view.
The opposition formulated for the published trademark registration request is solved by a commission within the Trademark Department of OSIM.
Nomenius Assistance
Nomenius can provide assistance in protecting your rights over the trademark by means of:
- drawing your attention towards submitting certain trademarks which might violate your rights
- formulating oppositions concerning the registration of these trademarks
- formulating actions in relation with the cancellation of the respective trademarks (in the case when you receive information on the registration of these trademarks subsequent to the legal 2-month term)