Registering Trademarks in Romania and the EU: A Practical Guide for Foreign Brands

For foreign brands expanding into Central and Eastern Europe, Romania and the European Union more broadly offer attractive consumer markets, manufacturing hubs and service centers. However, entering a new jurisdiction without a robust trademark protection strategy is risky: competitors may register your brand ahead of you, counterfeiters may erode your reputation and you may face obstacles when enforcing your rights on platforms and in court.

This practical guide is aimed at foreign companies, in-house counsel and brand managers who need a clear, actionable overview of how to register and maintain trademarks in Romania (OSIM) and at EU level (EUIPO). It focuses on three pillars: choosing between national and EU filings, understanding filing requirements, costs and timelines, and managing priority, oppositions and renewals.

We rely primarily on the official guidance of the Romanian State Office for Inventions and Trademarks (OSIM) and the European Union Intellectual Property Office (EUIPO), as well as the applicable legal framework: Law no. 84/1998 on Trademarks and Geographical Indications in Romania and Regulation (EU) 2017/1001 on the European Union trade mark.

National Trademark (OSIM) vs. EU Trademark (EUIPO)

Before filing, foreign brands should decide whether to protect their mark as a national Romanian trademark (registered with OSIM) or as a European Union trade mark (EUTM) covering all 27 EU Member States and administered by EUIPO in Alicante. In practice, many sophisticated brand owners use a combination of both, depending on business plans and budgets.

Legal framework and territorial scope

In Romania, trademarks are governed by Law no. 84/1998 on Trademarks and Geographical Indications, as republished and amended, together with implementing regulations adopted by Government Decision no. 1134/2010. This framework has been aligned with EU law, including Directive (EU) 2015/2436. A national registration with OSIM grants protection only on the territory of Romania; use and enforcement actions must be grounded in Romanian law and practice.

At EU level, the European Union trade mark (EUTM) is created and governed by Regulation (EU) 2017/1001 on the EU trade mark. An EUTM registration is unitary: it offers protection in all current and future EU Member States, and it cannot be limited to, or transferred separately for, individual Member States. Enforcement is based on EU law interpreted by EUIPO and the EU courts, but national courts and offices also play a role in certain procedures.

From a territorial standpoint, the key differences are:

• OSIM national trademark: protection limited to Romania; enforcement before Romanian courts and authorities; costs and procedures are localized.
• EUIPO EUTM: protection in all 27 EU Member States via a single registration; centralised opposition and administrative proceedings; enforcement may be EU-wide under certain circumstances.

When to choose OSIM, when to choose EUIPO

For many foreign brands, the decision is strategic rather than purely legal. Key considerations include:

• Market footprint: If your activities are focused on Romania (e.g. local manufacturing, single-country launch, testing a new brand), a national OSIM filing may be sufficient initially and less expensive in official fees.
• Regional or pan-European expansion: If you sell or plan to sell in several EU countries (for example through e-commerce, distribution networks or franchises), an EU trade mark can be more cost-effective than filing separate national applications in each country.
• Risk management: An EUTM can be vulnerable if there is an earlier conflicting right in only one Member State, since an opposition based on that right can block the entire EU application. In some cases, it is safer to combine national filings in key markets with an EUTM or to file nationally first and then expand.
• Budget and timing: EU trade mark fees are higher upfront but provide wider coverage; OSIM official fees are lower, but each additional national filing in other countries adds separate costs and procedures.

Foreign brands should also consider customs enforcement and online platform policies. Many online marketplaces and social media platforms accept both national and EU registrations as proof of rights for takedown programs. If your main target is the EU consumer market, a combination of an EUTM and selected national registrations (including Romania) often provides the most flexible protection.

Types of signs and goods/services coverage

Both OSIM and EUIPO apply the same general concept of a trade mark: any sign capable of distinguishing the goods or services of one undertaking from those of others and capable of being represented in the register in a clear and precise manner. This can include word marks, figurative/logo marks, combined word and device marks, three-dimensional marks, and, under certain conditions, non-traditional marks such as sound or multimedia marks.

For both systems, goods and services must be classified under the Nice Classification. Each application must specify the classes and clearly identify the goods and services covered. Careful drafting of the specification is essential because it determines the scope of protection and influences official fees.

Filing Requirements, Costs and Timelines

While OSIM and EUIPO are based on similar principles, the practical steps, costs and timelines differ. Foreign brands should understand not only what documents to prepare, but also how long procedures typically last and when additional costs may arise.

Core filing requirements at OSIM (Romanian national trademarks)

According to OSIM guidance, a national Romanian trademark application may be filed by any natural or legal person. The application can be submitted online, by post or in person at OSIM. The official requirements include: OSIM Basic information – Trademarks

• Applicant details: full name or corporate name, address, identification data (for foreign entities, usually company registration details and contact person).
• Representation of the mark: for word marks, the word itself; for figurative or combined marks, a clear image of the logo; for colour claims, the colours must be indicated.
• List of goods and services: grouped by Nice classes, with clear and precise wording. Ambiguous or overly broad descriptions may be challenged or require clarification.
• Priority or seniority claims (optional): information on earlier filings on which Paris Convention or exhibition priority is claimed, including date, country and application number.
• Power of attorney: if the applicant is represented by an industrial property attorney or lawyer, a power of attorney must be provided; for foreign applicants, representation is highly advisable.
• Proof of payment of official fees: OSIM requires payment of filing and publication fees in accordance with the fee schedule adopted under Government Ordinance no. 41/1998 and updated periodically by OSIM orders and fee annexes. OSIM – Legislation and fee amounts

OSIM offers detailed registration guides and model forms, together with instructions for online filing and PDF forms. The official guides also clarify that applicants may request a documentary search (availability search) prior to filing, subject to separate fees, to identify earlier conflicting marks. OSIM Trademark Registration Guides OSIM – Trademarks FAQ

Timelines for OSIM registration

According to OSIM, the core procedural milestones for a Romanian national trademark are:

• Formal examination and publication: after filing and payment of the publication fee, OSIM publishes the application in the Official Industrial Property Bulletin (BOPI – Trademarks Section). Publication is usually relatively quick (within days or weeks, depending on the workload).
• Substantive examination: OSIM performs substantive examination of the application within six months from publication, provided that the substantive examination fee is paid. It then decides to admit or reject the registration based on absolute and relative grounds for refusal. OSIM – examination timeline
• Opposition period: following publication of the admission of the application, third parties have two months to file oppositions based on earlier rights, subject to payment of the corresponding opposition fee. OSIM opposition period
• Registration and certificate: for trademarks admitted for registration and for which the owner has paid the registration fee, OSIM records the mark in the Register and issues the registration certificate. OSIM’s guide indicates that the certificate is normally issued within 30 days of notifying the owner that the registration procedure has been completed, assuming the fee is paid on time. OSIM – registration and certificate

The overall duration from filing to registration can vary, typically between 8 and 12 months, depending on whether there are refusals or oppositions and how quickly fees are paid and responses are filed.

Official fees at OSIM

OSIM fees for trademarks are set in lei and updated periodically via annexes that take into account the RON/EUR exchange rate. The official schedule specifies fees for filing, class surcharges, substantive examination, publication, opposition, registration and other operations. The specific amounts depend on factors such as:

• number of Nice classes designated in the application;
• whether the mark is a word mark, black-and-white figurative mark or colour figurative mark;
• whether accelerated or standard services are requested;
• whether additional services (documentary searches, extracts, renewals, recordings of assignments or licenses) are required.

Because these amounts are periodically updated (for example through fee annexes valid from 1 January 2025 onward), foreign brands should always consult the latest official table and, where appropriate, use OSIM’s fee calculators or seek updated advice from a local IP attorney. OSIM – basic information on fees OSIM – fee update notices

Filing requirements, costs and timelines at EUIPO (EUTM)

For the European Union trade mark, applications are filed directly with EUIPO using an online form in any EU language, with a second language chosen from the five official EUIPO languages. The basic filing requirements include: applicant details, a clear representation of the mark, a list of goods and services (classified under Nice), and payment of the application fee within the prescribed time.

EUIPO emphasises that the application fee must be paid within one month of filing; only then will the Office examine the application and process related communications. EUIPO – Fees and payments EUIPO – FAQ on fees

The core milestones in the EUIPO procedure are:

• Filing and formalities check: EUIPO verifies that the minimal filing requirements are met (identification of the applicant, representation of the mark, list of goods/services and payment of basic fee). If any element is missing, a deficiency letter is sent, and the filing date may change if deficiencies are remedied late.
• Examination on absolute grounds: the Office examines whether the mark is distinctive, not descriptive, not deceptive and not contrary to public policy or morality, among other absolute grounds.
• Publication: if the application passes examination, it is published in the EU Trade Marks Bulletin.
• Opposition period: from publication, there is a three-month opposition period during which holders of earlier rights can file an opposition. EUIPO – After applying
• Registration: if no opposition is filed, or if all oppositions are rejected or withdrawn, the EUTM is registered. EUIPO issues an electronic registration certificate.

In straightforward cases without objections or oppositions, EUTM registration can commonly be completed in around 4 to 6 months from filing, although timelines can be longer if there are objections, oppositions or complex procedural events.

EUIPO official fees

EUIPO’s official fee structure for EUTM applications is transparent and based on a pay-per-class model. As of 2025, the key fees are: EUIPO – Fees and payments

• Basic online application fee: 850 EUR for one class of goods or services.
• Second class fee: 50 EUR for the second class.
• Third and subsequent classes: 150 EUR per class from the third class onward.

These fees are non-refundable if the application is refused or withdrawn after payment. EUIPO also charges separate fees for operations such as oppositions, appeals, revocation or invalidity actions, and renewals. For example, the opposition fee is currently 320 EUR. EUIPO – Opposition procedure

EUIPO and the European Commission also operate a recurring SME Fund that can reimburse part of the official fees for EU-based small and medium-sized enterprises applying for trademarks or designs at national offices, EUIPO or WIPO. The specific conditions, voucher values and eligible fees change from year to year, so foreign brands with EU subsidiaries or SME structures should consult the latest SME Fund call for applications. EUIPO – SME Fund for trademarks and designs

Priority, Oppositions and Renewals

Beyond the initial filing, foreign brands must plan how to manage priority claims, respond to or initiate oppositions and keep their registrations in force through timely renewals. OSIM and EUIPO apply similar international standards, but there are procedural nuances in each system.

Priority claims: leveraging earlier filings

Under the Paris Convention, applicants who have filed a trademark in one member state can claim priority for the same mark and goods/services in other member states if they file within six months of the first filing. Both OSIM and EUIPO recognise such priority claims, provided that the required information is supplied and deadlines are respected.

At EUIPO, priority can be claimed at the time of filing the EUTM application or in a separate communication filed the same day. The applicant must indicate the file number, date and country of the earlier application. Supporting evidence may be requested to substantiate the claim. EUIPO Guidelines – Claiming priority

At OSIM, priority claims are also possible based on earlier national or international filings and exhibition priority, subject to formal conditions laid down in Law no. 84/1998 and its implementing regulations. In practice, foreign brands planning a global launch often file first in their home jurisdiction, then file in Romania and/or the EU within the six-month priority window, ensuring that later filings benefit from the original filing date for relative grounds purposes.

Oppositions at OSIM

Oppositions play a central role in protecting earlier rights and cleansing the register. At OSIM, the opposition system involves:

• publication of the application in the Official Industrial Property Bulletin;
• a two-month opposition period during which any interested party may file an opposition based on earlier rights, with payment of the legal opposition fee; and
• examination of the opposition on relative grounds, applying the criteria from Law no. 84/1998 (likelihood of confusion, reputation, earlier rights, etc.). OSIM – opposition procedure

If the opposition is upheld, the application may be refused in whole or in part. OSIM’s decisions can normally be appealed before the competent Romanian courts within statutory time limits. Foreign brands entering Romania should therefore not only monitor new OSIM filings that might conflict with their brands, but also be prepared to defend their own filings against oppositions from local competitors.

Oppositions at EUIPO

At EU level, opposition procedures are centralised before EUIPO. The key elements are:

• after the EUTM application is published, there is a three-month opposition period counted from the publication date;
• oppositions can be filed by owners of earlier EU trade marks, national marks, international registrations designating the EU, well-known marks and certain other rights;
• an opposition is filed using an online form and is subject to an opposition fee (currently 320 EUR);
• if the opposition is admissible, EUIPO invites the parties to submit arguments and evidence in written phases and may encourage amicable settlements; if the opposition is successful, the contested EUTM is refused in whole or in part. EUIPO – Opposition EUIPO – FAQ on opposition

Because an opposition in one Member State can block an EUTM that covers all Member States, foreign brand owners should perform clearance searches not only in EUIPO’s TMview or eSearch databases, but also in national registers and commercial databases, and consider the existence of unregistered rights in key markets.

Renewals and use requirements

Trademark rights are not perpetual by default; they must be renewed. At the same time, unused marks can be vulnerable to revocation actions for non-use.

Renewals at OSIM (Romania)

Under Law no. 84/1998, a Romanian national trademark is registered for 10 years from the filing date and may be renewed indefinitely for subsequent 10-year periods, upon payment of the renewal fees. OSIM’s FAQ confirms that the validity period is 10 years from the filing date and that renewals are possible without limitation, as long as fees are paid on time. OSIM – validity and renewal

Owners usually need to file a renewal request and pay the renewal fees before the expiry date or within a grace period, subject to late payment surcharges as prescribed by the fee regulations. It is good practice to implement internal docketing and reminders well in advance of expiry, especially if managing multiple marks in several countries.

Renewals at EUIPO (EUTM)

Similarly, an EUTM is registered for 10 years from the filing date and may be renewed indefinitely in 10-year blocks. EUIPO guidance explains that renewal fees must be paid within the six-month period preceding expiry; a further grace period is available with surcharges. Key renewal fees include a basic renewal fee and additional fees for extra classes, with reduced fees for e-renewals compared to paper renewals. EUIPO Guidelines – Renewal fees EUIPO – FAQ on renewals

EUIPO issues a written confirmation of renewal, and the renewal takes effect from the day following the date on which the existing registration expires. If the trademark is not renewed and the grace period lapses, the registration is removed from the register; in some cases, owners may opt to convert the expired EUTM into national applications in selected Member States within a limited time frame, subject to conversion fees.

Use requirements and non-use revocation

In both systems, trademarks must be put to genuine use for the goods and services covered. OSIM clarifies that if a registered trademark is not used for a continuous period of five years in one or more of the fields of activity for which it was registered, interested third parties may request the partial or total forfeiture of the owner’s rights for non-use. OSIM – use and forfeiture

Similarly, under EU law, an EUTM is vulnerable to revocation if not genuinely used in the EU for an uninterrupted period of five years after registration, unless proper reasons for non-use exist. Use in one Member State can, in principle, suffice to show genuine use in the EU, but this is assessed case by case. Brands should keep evidence of use (invoices, marketing materials, website screenshots, sales data) to defend against non-use challenges.

Practical strategy tips for foreign brands

To make the most of OSIM and EUIPO systems, foreign brands should consider the following practical actions:

• Conduct clearance searches early: use OSIM’s free databases (national marks, international registrations via Madrid, EU trade marks) and EUIPO’s TMview/eSearch to screen for earlier rights before investing in branding and filing. Consider professional searches for key markets. OSIM – databases and documentary search EUIPO – Trade marks portal
• Align trade mark strategy with business plans: if Romania is a test market, an OSIM filing may be the first step, with an EUTM or Madrid international registration to follow once the brand is validated.
• Draft precise specifications of goods/services: vague or overly broad descriptions invite objections and can make enforcement harder. Tailor lists to real and planned use, across classes.
• Monitor new filings and enforce: set up watch services for both OSIM and EUIPO registers to detect confusingly similar later marks and consider timely oppositions or cancellation actions.
• Calendar renewals and use evidence: implement internal IP management procedures to track renewal dates and store documentation of use for each jurisdiction.

A thoughtful combination of Romanian and EU trademark protection gives foreign brands both depth and breadth of protection in a dynamic and competitive marketplace. By understanding the official rules of OSIM and EUIPO and aligning them with business strategy, brand owners can secure durable, enforceable rights and minimise costly disputes.