For trademarks proprietors who export or carry out external services, protection in those countries becomes mandatory for the success of the business. The competing companies, when a new competitor is on the market, immediately carry out a previous documentary research, resorting to a specialised industrial property cabinet, and may block the right over the trademark in the respective state if this wasn’t already done by the owner who manufactures the products; if in these circumstances the trademark could be registered, there may be a possibility of prohibiting the sale of its own products. In the export activity, the romanian owners manufacturing the exported products must know that the trademarks registered via national means directly with OSIM are protected only in Romania, and in order to ensure the export, it is necessary to protect the trademark in the countries where the export is carried out.
Protecting trademarks in other countries can be done either directly, nationally, in each of the countries of commercial interest, or via international or regional treaties, which leads to lower costs. Trademarks verification and documentary research for trademarks are important steps. The classification of NISA trademarks or in other classification systems can help in decision making.
The protection in another country by national means assumes the completion of the formalities prescribed by the respective’s country low together with the conventions and treaties to which respective country is a party.
The Madrid Agreement allows the international registration of a trademark, in one or several countries members of this Agreement, by a single application, filed with the World Intellectual Property Organization (WIPO), provided that this trademark to be registered in the register of registered trademarks in Romania (to have a registration certificate). The term of protection obtained under Madrid Agreement is 10 years, with the possibility of renewal every 10 years. The Protocol on Madrid Agreement allows for the international registration of a trademark in one or several countries members of this Protocol by means of a single application to be filed with WIPO. The protocol allows international registration not only on the basis of a national registered trademark, but also on the basis of regular national filing of a trademark application. This facility allows the applicant to submit the international application to WIPO immediately after submitting the application for registration in Romania with OSIM. The registered international trademarks will take effect only in the countries of interest designated by the applicant in the international application.
