What is a registered trademark?
A trademark is any sign, such as words, including names of persons or designs, letters, numbers, colors, figurative elements, the shape of the product or product packaging or sounds, provided that such signs are capable of distinguishing the goods or services of an enterprise by those of other enterprises and to be represented in the Registry of Trademarks in a manner that allows the competent authorities and the public to establish clearly and precisely the object of the protection conferred on their proprietor.
Thus, if it is sufficiently distinctive, a company name, domain name, logo, slogan and any element that distinguishes your products/ services on the market can be registered with the State Office for Inventions and Trademarks (Romanian OSIM).
Why is it advisable to register your trademark?
Exclusive protection and business development
Trademark registration gives the owner an exclusive right over the trademark, i.e. you will benefit from legal protection.
Amongst several brands registered in Romania in the field in which you operate, you will distinguish yourself on the market with your brand, you will offer confidence and you will develop your business. If a trademark is not registered, it is not protected against counterfeiting.
Running a business without the risk of violating someone else's rights
Trademark registration provides the assurance that the brand is unique, legal and does not harm another person. Therefore, you cannot be sued and charged with counterfeiting and thus you protect your business.
The right to cancel an identical or similar trademark
Due to the legal protection conferred by registration, in case another person uses an identical or similar logo/ slogan, the owner of the registered trademark has the right to request the cancellation of the respective trademark which thus violates his/her rights. In other words, by registering your trademark, you can stop third companies or individuals from using the same brand in the same field of activity.
How much does it cost to register a trademark?
For the registration of the trademark at national level (OSIM) the registration fees must be paid. Fees are calculated according to several criteria, such as whether the logo is color or black and white - figurative trademark - or if you want to register the brand only as a name - verbal trademark (fees start from about lei 950).
Founder Attorney at Law Andreea Rainer - Law Office - Bucharest Bar
LL.M. Business Law - Faculty of Law University of Bucharest
University Paris I Panthéon – Sorbonne - French-Romanian Law College
Faculty of Law - University of Bucharest
INPPA
Phone:
0737.376.247
E-mail: avocat@andreearainerlaw.ro
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