TRANSFER OF TRADEMARK RIGHTS IN ROMANIA
Rights in a mark may be assigned independently of the transfer of the business in which the mark is incorporated. Assignment shall be effected in writing and signed by the parties to the contract, on pain of nullity.
Assignment of rights in a mark may be effected for all or a part of the goods or services for which the mark is registered; an assignment, even in part, may not limit the use of the mark for the goods or services to which it applies to a given territory.
Transfer of the whole of the estate of the owner of the mark shall include transfer of the rights in the mark. The transfer of certain elements of the owner’s estate shall not affect his capacity as owner of the right in the mark.
Identical or similar marks belonging to the same owner that are used for identical or similar goods or services may be assigned only as a whole and only to one person, on pain of nullity of the instrument of assignment.
The request for entry of the assignment shall be accompanied by the document attesting to the change of ownership of the mark.
At the request of the person concerned and on payment of the prescribed fee, the State Office for Inventions and Trademarks shall enter the assignment in the National Trademark Register and publish it in the Official Bulletin of Industrial Property. Assignment may be invoked against third parties as from the date of its entry in the National Trademark Register.
The owner of a mark may, under a licensing contract, authorize other persons to make use of the mark on the whole or a part of the territory of Romania for all or a part of the goods or services for which the mark was registered.
A license may be exclusive or non-exclusive.
The owner of a mark may invoke the rights conferred by that mark against a licensee who contravenes any provision in his licensing contract with regard to its duration, the form of the mark and the nature of the goods or services for which the license is granted, the territory in which the mark may be used, or the quality of the goods manufactured or of the services provided by the licensee under the mark for which the license has been granted.
During the term of the licensing contract, the licensee shall be required:
(a) To use only, for the goods on which the mark is affixed, the mark that is the subject of the licensing contract, whilst remaining free to affix on such products signs which show that he is the manufacturer;
(b) To add the term “under license …” to the mark affixed on the products that are the subject matter of the license, in accordance with the contract.
A license shall be entered in the National Trademark Register on payment of the prescribed fee and shall be published in the Official Bulletin of Industrial Property. A license may be invoked against others as from the date of its entry.