Under the treaty of accession to the European Union, Romania agreed that, on the accession date, all of the registered community trade marks and all petitions for the registration of a community trade mark shall extend their effect with respect to the territory of Romania, in order to have an unitary effect on the entire territory of the Union.
Practically since the accession date, all of the registered community trade marks and petitions for the registration of community trade marks shall produce on the Romanian territory the same effects as the trade marks registered in Romania and the registration petitions lodged with SOPTM nationally or internationally, according to the Madrid Agreement or the Protocol to said Agreement (“National Trade Marks”). Thus:
1.the owner of a community trade mark may oppose any unauthorized use of the respective trade mark in Romania.
2.community trade marks and petitions for the registration thereof may be opposed at the registration of a National Trade Mark which is identical or similar to the respective community trade mark.
Of course, if the State Office for Patents and Trade Marks (“SOPTM”) does not dismiss the respective registration petition, the owners of the community trade marks may file (i) either an opposition to the registration of the respective National Trade Mark in accordance with Romanian law, (ii) or a legal action for the annulment of the trade mark’s registration.
Consequently, community trade marks may be used on the Romanian territory even if they are identical with or similar to national trade marks previously registered in the name of other owners.
