Frequently asked questions about trademarks

A trademark is the sign customers use to recognise your goods or services: a name, a logo, a slogan, sometimes a shape or a sound. Once registered with OSIM, EUIPO or through WIPO, it gives you the exclusive right to use it for the classes you chose and to stop anyone using an identical or similar sign. Protection lasts 10 years and you can renew it as many times as you like.

The most common are the word mark (words only, in standard lettering) and the figurative mark (a logo, or words in stylised lettering). A combined mark puts the name and the logo together. The law also allows three-dimensional, sound, colour, position and motion marks. The type you choose changes what exactly is protected and, at OSIM, the official fees. Brand New IP's fee is the same for every type.

OSIM registers trademarks that are valid in Romania only. EUIPO grants the EU trade mark: one application, valid in all 27 member states. An international registration through the Madrid System, run by WIPO, starts from a Romanian or EU mark and extends it to the countries you pick. For countries outside the Madrid System we work with correspondent agents. The right choice depends on where you sell today and where you plan to go.

Yes. A company name registered with the Trade Register and a domain bought from a registrar give you no trademark rights. They won't shield you from an opposition or a cease-and-desist letter from someone who already owns a similar mark. Nor do they let you stop a competitor who puts your name on their products. Only a registered trademark gives you that right, for the classes it covers.

We are a team based in Brașov that works in industrial property, with over 10 years of experience. Maria Buzea is an OSIM-accredited industrial property attorney and an authorised representative before EUIPO; her colleagues are IP Specialists. We work with clients across Romania. We register trademarks with OSIM, with EUIPO and through WIPO, watch them after registration, and handle oppositions, appeals and litigation in-house.

Call or message us on WhatsApp at +40 775 549 599, or email office@brandnewip.com. For renewals, write to renewals@brandnewip.com; agencies interested in a partnership can reach us at partener@brandnewip.com. Our office is at Str. Memorandumului nr. 20A, Brașov. Opening hours: Monday – Friday, 9:00 – 17:00. You can send the contact form on the site at any time.

Yes, we run a partnership programme for branding, design and marketing agencies. What helps most is checking the name or logo while it is still being designed, before the client gets attached to an option that can't be registered. After that we can file the mark for the agency's clients. The details are on the Partnerships page, and requests go straight to the people who look after partners.

As a rough guide, an OSIM application with no oppositions or objections usually reaches registration in 6–9 months. At EUIPO it usually takes 4–6 months if nobody opposes. Through the Madrid System it can take 12–18 months, depending on the countries designated. An opposition or a provisional refusal adds a few months. Your filing date counts from day one: from then on you have priority over anything filed after you.

For a standard application you need the applicant's details (name and address; for a company, its legal name and registration number), the mark exactly as you want it protected (the text, or the logo file) and the list of goods and services. If we represent you, you sign a power of attorney. If you claim priority from an application filed in another country, you also need the priority document. We prepare the rest.

The Nice Classification splits goods and services into 45 classes: classes 1–34 cover goods and 35–45 cover services. OSIM, EUIPO, WIPO and most offices worldwide use it. In the application you choose the classes and list the specific goods or services in each one. The mark is protected only for what you listed, so the list matters as much as the name. The Nice classes page has all 45, with examples.

It isn't compulsory, but it saves you surprises. OSIM and EUIPO don't refuse an application on their own initiative just because a similar earlier mark exists. The owner of that mark can oppose, though, and then you lose time and fees. A search of national, EU and international databases shows you the risks early, so you can adjust the name or the list of goods before you file.

Yes. At OSIM you can file yourself, online or on paper. At EUIPO you can file yourself if you live or have your registered office in the European Economic Area. Problems usually start with the list of goods and services, the choice of mark type, or a refusal or opposition that comes with a deadline. If you filed on your own and received one of those notices, we can take it from there.

Don't ignore it: the notice has a response deadline, and without a response the application can be refused. The office explains why, usually a lack of distinctiveness or a name too close to a description of the product. Sometimes arguments or evidence of use help; sometimes narrowing the list of goods does. Send us the notice as soon as you can, even if you filed yourself. Work on the file costs EUR 120 / hour + VAT, with an estimate on request.

An opposition is how the owner of an earlier mark asks the office to refuse a similar new application. It is filed after the application is published: within 2 months at OSIM and 3 months at EUIPO. The deadline can't be extended, which is why a watch service helps you hear about new marks in time. If your own mark has been opposed, you have response deadlines too, so send us the notice straight away.

Start by collecting evidence: dated screenshots, photos of the products, invoices, links. We then assess whether the use infringes your rights, based on the goods and the territory your protection covers. A well-written infringement notice often settles it without going to court. If it doesn't, we handle the litigation in-house. If the other side has also filed a trademark application, there may still be time to oppose it.