Monday, November 7 2022   \  Published by Petosevic.

New Implementing Regulations of the Trademark Law Enter Into Force in Romania

New Implementing Regulations of the Trademark Law Enter Into Force in Romania

Amendments to the Government Decision No. 1134/2010 on the approval of the Implementing Regulations of the Law on Trademarks and Geographical Indications entered into force in Romania on October 7, 2022.

The amendments intend to align the provisions of the Implementing Regulations with those of the trademark law, which was amended in July 2020. The Implementing Regulations were supposed to be amended by September 13, 2020, but the amendments came only two years later, after a period of uncertainty caused by the discrepancy between the new law and the former Implementing Regulations. The main amendments are explained below.

Representation Before The Romanian IPO

The new regulations explicitly provide that a Power of Attorney (PoA) should indicate the scope of the mandate, the date on which the power was granted and its duration; the previous regulations did not include such requirements. For trademark applications or procedures that involve registered trademarks, the deadline for the subsequent filing of the PoA is extended to two months from the filing date, as opposed to the previous shorter deadline of 30 days. In these cases, the new regulations clarify that in the absence of a PoA, the procedures will continue with the applicant or trademark owner; the previous regulations did not cover this situation. Read more

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