Intellectual Property in Romania

Romania operates a first-to-file trademark system — trademark rights arise from registration, not from prior use. A company that has been using a brand name or logo in Romania without registering it as a trademark can lose the right to use it if a third party registers it first. This makes early trademark registration essential for any international brand entering the Romanian market.

For most international businesses, an EU trademark via EUIPO is the more cost-effective option — a single application protects the brand across all 27 EU member states, including Romania. The fee per country covered is significantly lower than filing 27 separate national applications. A national OSIM trademark is the better choice only if protection is needed exclusively in Romania and EU-wide coverage is not required or planned.

A Romanian national trademark (OSIM) typically takes 6–12 months from the date of application, assuming no formal examination issues and no third-party opposition during the 3-month opposition period. An EU trademark via EUIPO is generally faster — typically 4–6 months — if the application is accepted without examination objections and no opposition is filed.

Yes. Copyright arises automatically in Romania when a qualifying work (including software) is created — no registration is required. However, proving ownership in a dispute requires documentation. If your software was developed by freelancers or contractors, copyright may vest with them rather than with your company unless a written IP assignment agreement was signed. Our team can prepare both retrospective and prospective IP assignment documentation.

Under Romanian law, a freelancer or contractor who creates software retains copyright in that software unless there is a written agreement that assigns the intellectual property rights to the commissioning company. Without a written IP assignment clause in the contract, the developer may legally own the code. This is one of the most common and costly IP errors made by technology start-ups — and it is corrected by including a specific IP assignment clause in every contractor or freelancer agreement.

A trade secret is commercially valuable information that a business keeps confidential — customer lists, pricing models, algorithms, manufacturing processes or business strategies. Under Romanian law (implementing EU Directive 2016/943), trade secrets are protected if the holder has taken reasonable steps to keep them confidential — such as NDAs with employees and contractors, access controls and an internal confidentiality policy. Without these measures, the information may not qualify as a legally protected trade secret.

IP due diligence is a structured review of a company’s intellectual property assets — conducted before an investment, acquisition or licensing transaction. It confirms that the target owns the IP it claims to own, identifies undisclosed risks (unregistered marks, unsigned contractor agreements, open-source licence issues), and assesses the strength of the IP portfolio. For technology companies, IP due diligence is often the most revealing part of the M&A process.

Yes. Trademark applications in Romania (OSIM) and at EUIPO can be filed by companies and individuals based anywhere in the world, represented by a Romanian-qualified trademark representative. Romania For Business SRL coordinates the full application process remotely — no physical presence in Romania is required.

Trademark protection in Romania (and globally) is organised by the Nice Classification — 45 classes covering different categories of goods (classes 1–34) and services (classes 35–45). A trademark is only protected in the specific classes in which it is registered. Our IP team advises on the most appropriate classes based on your current and planned activities, and on the cost-benefit of broader class coverage.

Romania For Business SRL provides pre-litigation IP advice — including opposition proceedings at OSIM and EUIPO, cease-and-desist letters, licence dispute advice and negotiated settlement support. Court litigation for IP infringement in Romania is referred to specialist IP litigation firms in our partner network.