How to Register an Industrial Model in Romania

Do you own an industrial model or drawing that you wish to register. Read below the answers to some of the most commonly asked questions about this procedure. Keep in mind that the conditions may change. For personalized assistance, please feel free to reach out to our lawyers in Romania.

What is an industrial drawing in Romania and how is it registered?

From the moment of the registration of the industrial drawing/model, the holder will enjoy an exclusive right for its exploitation, as well as the right of forbidding the third parties to carry out without consent or to reproduce, to fabricate, to merchandize or to offer for sale, to use, to import or to stock with the purpose of merchandizing, offering for sale or the use of any reproduction in which the design is incorporated or to which this is applied.

By industrial drawing, it is understood the exterior aspect of a product or of a part of this, rendered in two dimensions, which results from the combination of the main characteristics, especially lines, shapes, colors, the form, the texture and/or the materials; and/or the ornamentation of the product.

By industrial model, it is also understood the exterior aspect of a product and/or of a party of this, rendered in three dimensions, which results from the combination of the main characteristics, especially lines, shapes, colors, the form, the texture and/or the ornamentation of the product.

If you need further clarifications on these definitions, please reach out to our Romanian lawyers.

The conditions to register an industrial model in Romania are:

• The industrial drawing/model must be new, this condition requires that the drawing/model submitted for registration is not identical, in regard to the significant details, to any industrial drawing or model made public before the submission date of the petition or the priority invoked;
• The industrial drawing/model must have an individual character, condition which requires that the overall impression that it produces on the informed user is different from the one produced by any other design, made public previous to the submission date of the petition or the invoked priority date.

Our lawyers in Romania can give you more details about these conditions.

At what level can I register an industrial drawing?

The industrial drawing/model can be registered:

• on national level, your company will acquire protection over the right only on the territory of the country in which the registration is made; the petition to register industrial design Bucharest is submitted at the State Office for Inventions and Trademarks (OSIM) or at the specialized Offices from the countries in which your company carries out its activity;
• at European Union level, the right over the drawing/model is protected in all the countries members of the European Union; the petition for registration of such designs is submitted at the European Union Intellectual Property Office (EUIPO);
• on international level, the right over the design is protected in the countries mentioned in the registration petition according to the Agreement in Hague; the registration petition of the industrial drawing/model is submitted at the World Intellectual Property Organization (WIPO/OMPI). Our Romanian law firm can provide details on the international protection.

What are the steps to register an industrial model in Romania?

In order to obtain a registered drawing/modeland in order to fully benefit from the rights conferred by this registration, it is necessary to complete the following steps:

• Verify whether there exists any previous industrial drawing/model identical or similar to the one which will be registered;
• Register the particular industrial drawing/model; assistance can be provided by our attorneys in Romania upon request.
• Protect the industrial property right over the drawing by: initiating oppositions against the registration by third parties of any similar designs; initiating actions in unfair competition cases, criminal complaints for infringement of the design right;
• Renew the registration.

Regardless of whether the design is registered on a national, EU or international level, it will be protected from the date the registration petition is submitted, except for the case in which a priority is invoked ( priority determined by a previous filing in another country or the priority for exhibition).

Our lawyers also assist clients who are interested in other legal matters, such as the right to acquire property or land for EU/EEA nationals and third-country nationals. EU/EEA citizens can buy property in Romania, including land, under the same conditions as Romanian citizens, while third-country nationals can freely buy buildings and apartments but can acquire land only where an international treaty allows it, on a reciprocity basis. Nonetheless, expert legal assistance can be required during the purchase, as any foreign nationals needs to acquire a special identification number.

If you are in need of other legal services, such as those related to Family Law and getting a divorce in Romania, our team can help you. Spouses who wish to terminate their marriage will find that the procedure is shorter and more convenient when this is done on amicable terms, however, if this is not possible, our lawyers will assist you with court representation.

Let our lawyers in Romania handle your case of industrial model registration in Romania or internationally, hassle-free. We are here to help, so please do not hesitate to contact us for a free consultation.

The experts at our law firm in Romania can answer any other questions about trademark or patent registration with the authorities. Please reach out for more details.