This Act lays down the legislative framework relating to marks and geographical indications of goods and services in general. It regulates the procedure for the recognition, registration and protection of such marks and geographical indications. The right to a mark and its related protection can be obtained upon registration with the State Office for Inventions and Trademarks. These provisions define in detail the application and registration procedure, as well as the duration and renewal of registration. Further provisions concern the protection of geographical indications, which are designations serving to identify a product that originates in a country, region or locality of a State in those cases where a certain quality or specific characteristic may be attributed to that geographical origin. The Act explicitly outlines the exclusive rights conferred upon the trademark owner, granting them the legal power to prevent third parties from using identical or confusingly similar signs in commerce without prior authorization. It defines the substantive grounds for absolute and relative refusal of registration, ensuring that descriptive, generic, deceptive, or conflicting signs are excluded from exclusive protection. Furthermore, it regulates the terms of assignment, licensing, and security interests over trademarks, establishing a clear property regime for intangible commercial assets. Regarding procedural mechanisms, the Act details the examination stages conducted by the State Office for Inventions and Trademarks (OSIM), including formal checks, absolute grounds examination, publication of applications, and the submission of oppositions or observations by interested third parties. It establishes clear timeframes for maintaining rights through genuine use, as well as procedures for trademark revocation (decădere) or cancellation (anulare) in cases of non-use, bad faith, or invalidity. Finally, the Act includes enforcement provisions establishing civil remedies, administrative sanctions, and criminal offenses for trademark infringement and counterfeiting. It provides rights-holders with procedural instruments to obtain provisional measures, seize infringing goods, and claim damages for unauthorized commercial exploitation.
رومانيا · 1998-04-15