Within two months from the date of publication of the application for registration of the trademark, in accordance with the legislation in force, any interested party may oppose the registration of the trademark for the relative grounds of refusal provided by law, such as holding an exclusive prior right.
OSIM shall notify the applicant of the trademark application of its opposition and shall grant him a period of two months with a view to an amicable settlement. At the joint request of the Parties, the two-month period may be extended by a period which shall be expressly indicated by the parties and which may not exceed three months. If within 3 months the parties do not reach an agreement, OSIM shall notify the opponent, giving him 30 days to present arguments and evidence in support of the opposition. OSIM shall notify the applicant of the trademark application of the documents submitted in support of the opposition and shall grant the applicant a period of 30 days in which to submit its point of view on the reasons for the opposition. If the applicant does not communicate a point of view, the opposition will be settled on the basis of the existing documents in the file.
The opposition is resolved on the basis of the documents and arguments submitted by the parties in compliance with the deadlines granted by OSIM in this regard.
Most often, a trademark application is opposed by someone who holds prior rights to an identical or similar trademark. However, trademark applications can also be challenged for several other reasons. For example, oppositions may be based on the opponent’s belief that the mark is misleading, descriptive, generic or may dilute the distinctive quality of the opponent’s well-known trademark.
As for the evidence presented to justify and prove the opposition, it may consist of documents and supporting files such as packages, labels, price lists, catalogs, invoices, photographs, newspaper advertisements and statements.
According to Art. 26 of Law 84/1998, republished, on trademarks and geographical indications, the opposition must be formulated in writing, include the legal grounds and reasons on which it is based and it needs to be accompanied by proof of payment of the tax provided by law.
If the earlier trademark is a European trademark, its actual use shall be determined in accordance with Article 18 of the European Union Trade Mark Regulation.
If you want to monitor your trademark/brand in order to protect it, Tas Agency is at your disposal at the following contact details: +40 745.160.163; office@agentiatas.ro.
