Choosing a name for a business involves three different steps: registering the company with the Trade Register, protecting the brand, and reserving a web domain. They can complement each other, but one does not automatically replace the other. The appropriate order depends on the sign used, the products or services offered, and the target markets.

Trademark: protection for a sign and certain products or services

A trademark can be a name, a logo or another distinctive sign. Rights are acquired through registration and are delimited by the protected sign, the territory in which the trademark is valid, and the products or services indicated in the application. A trademark registered in Romania can allow the holder to oppose certain commercial uses of identical or similar signs if the legal conditions are met. Protection is not an unlimited monopoly over the word in any context: what matters is distinctiveness, classes, the risk of confusion, the prior rights and the exceptions provided by law.

Before filing, check the existing trademarks and decide if you need protection in Romania, the European Union, or other markets. Registering the company name or buying a domain does not guarantee that the mark can be registered as a trademark.

Firm: the name under which the professional carries out his/her activity

Law no. 265/2022 defines the company as the name under which the registered professional carries out their activity and signs. ONRC verifies the availability and specificity of the name in relation to registered or reserved companies. This verification serves the purpose of the trade register, but it does not constitute a complete search of trademarks and does not grant the same rights as trademark registration.

The use of a name in activity can count in certain disputes, including unfair competition matters, but the effect depends on the circumstances and the proven rights. Therefore, the approval of a company by the ONRC should not be treated as confirmation that the brand is free for all uses.

Website domain: right of use over an address

For .ro domains, RoTLD applies the „first come, first served” rule and specifies that the registry does not resolve disputes between the holder and third parties. Registration of the domain provides the right of use according to the rules and applicable contract, not the registration of a trademark. Neither the ownership of the domain automatically cancels the previous rights of someone else.

A dispute regarding a .ro domain can be brought in court or through the alternative procedure indicated by RoTLD. For this procedure, the claimant must invoke a prior right over a similar name and prove the lack of rights or legitimate interests of the holder, as well as registration or speculative or abusive use. The .ro procedure has its own rules; it should not be automatically confused with the UDRP applicable to certain generic domains.

A practical order for protecting the brand

  • Check the availability of the name at the ONRC and search for similar marks in the relevant registers.
  • Determine which sign you actually use and for which products or services, then choose the territories where you need protection.
  • Reserve the desired domain and file the trademark application within a coordinated timeframe, before the public launch, if the business strategy justifies it.
  • Keep the documents regarding the date of use, the domain holder and the trademark holder; carefully verify that the holders are the ones who will own and operate the brand.

In short, the firm identifies the professional, the brand can protect a sign for certain products or services, and the domain provides an online address. Verifying all three before launch reduces the risk of conflicts and the costs of rebranding. The rules and deadlines vary depending on the law and the specific situation.

Official sources: Law no. 84/1998 on trademarks; Law no. 265/2022 on the trade register; The RoTLD dispute resolution policy .ro.