Aspects of National and Community Trademarks

• Author: Constantin Anechitoae - Calin Marinescu
• Position: Lecturer, PhD., Faculty of Law, 'Ovidius' University of Constanta, Romania - PhD in progress, National Institute of Economic Research 'Costin Kiritescu', Romania
• Pages: 134-138

European Integration - Realities and Perspectives

2012

134



Aspects of National and Community Trademarks

Constantin Anechitoae

1

, Calin Marinescu

2

Abstract: When Romania j oined the EU on January 1, 2007, all Community trademarks (CTM), with the

filing date before that date, were automatic ally extended and have effects in Romania. National brands do not

extend across the EU. In order to obta in a Community trade mark, a single application is filled in at OHIM. It

can convert a Community trade mark application into national trade mark. The registered community trade

mark has effect in all EU Member States, including Romania. The national tra demarks registered nationally -

at the State Office f or Inventions and Trademarks (OSIM) - are effective only in Romania and have no effect

in the European Community.

Keywords:

national trade mark; trademarks; designs; OHIM; EU

1. Introduction

By registering a community trade mark we can obtain a single document providing uniform protection

throughout the European Community. Community trademarks shall not replace any of the national and

international trademarks, but they represent, in themselves, an independent system of protection. The

seniority of a national mark may be invoked, i.e. a Romanian holder is entitled to the seniority of the

trade mark previously registered in Romania. CTM protection is not binding, nor exclusive, and trade

companies interested in the protection of trademarks in the European Union can protect their

trademarks nationally and internationally (under the Paris Convention).

2. Ways to Protect a Trademark in the European Union

When Romania joined the EU on January 1, 2007, the Community trade mark extended its validity on

the Romanian territory, becoming enforceable against those national and international trademarks

designated for Romania.

Nowadays, there are several ways to protect a trade mark in the 27 countries of the European Union,

namely:

1. Filing an application for registration in each European Union Member State;

2. Naming the European countries through the Madrid System;

3. Filing an application for a Community trade mark (CTM registration);

4. Naming the European Union through the Madrid system (for countries that are members of the

Madrid Protocol).

1

Lecturer

,

PhD., Faculty of Law, „Ovidius” University of Cons tanta, Romania, Address:

1 Universitatii Alley, Constanta,

Romania, Tel.: +40241694330, Fax: +40241511512, Corresponding author: anechitoae@yahoo.com

2

PhD in progress, National Institute of Economic Research “Costin Kiriescu”, Romania, House of Romanian Aca demy,

Calea 13 Septembrie, Bucharest, Romania, Tel.: +40318.81.06, E-mail: marinescu@nordmarine.com