{"id":7113,"date":"2026-05-18T07:47:39","date_gmt":"2026-05-18T07:47:39","guid":{"rendered":"https:\/\/avocatbucuresti.ro\/?p=7113"},"modified":"2026-11-03T13:19:08","modified_gmt":"2026-11-03T13:19:08","slug":"brand-vs-name-vs-domain-conflicts","status":"publish","type":"post","link":"https:\/\/avocatbucuresti.ro\/en\/marca-vs-nume-comercial-vs-domeniu-conflicte\/","title":{"rendered":"The company name does not automatically protect your trademark: what to check before launching"},"content":{"rendered":"

Updated on November 3, 2026<\/strong><\/p>\n

Intellectual property, step by step: protect your brand, creations and business \u2014 episode 1<\/em><\/p>\n

You have chosen a name, registered it with the Trade Register and started preparing the website. Before ordering the packaging or investing in a promotion campaign, there is one more question: can you use that name without infringing on someone else's rights?<\/p>\n

The answer does not automatically result from the company registration. The company name, trademark, internet domain, and copyright protect different things. They can complement each other, but they do not replace each other.<\/p>\n

In Romania, trademark rights are usually acquired through registration with the OSIM, and European Union trademarks also enjoy protection in Romania. However, this does not mean that the only rights that you need to consider are the trademarks that have already been registered. <\/p>\n

The name at ONRC identifies the company<\/h3>\n

The registered name at the National Trade Registry Office (ONRC) is the name under which the professional carries out their activity and signs. Registration grants an exclusive right of use over the company, according to Article 3, paragraph (1), letter j) and Article 51, paragraph (1) of Law no. 265\/2022. <\/p>\n

This is real protection, but does not equate to the registration of a trademark<\/strong>. The verification and reservation of the name are not a guarantee that the name can be used without affecting a trademark or other prior right.<\/p>\n

Even the addition of the form \u201eSRL\u201d does not, by itself, resolve a possible conflict. If the element by which customers recognize you resembles the sign used by someone else, the situation must be analyzed in the context of the existing activities and rights.<\/p>\n

Marca identifies the products and services<\/h3>\n

A trademark can be a word, a drawing, a combination of elements or another sign that meets the legal requirements. Its role is to distinguish the products or services of one enterprise from those of others, according to Article 2 of Law no. 84\/1998. <\/p>\n

For a business oriented towards Romania, a national trademark application at the State Office for Inventions and Trademarks \u2014 OSIM may be relevant. For a strategy that covers several member states, the European Union trademark, managed by the European Union Intellectual Property Office \u2014 EUIPO, can be analyzed. There are also international mechanisms, the coverage of which depends on the targeted territories and the applicable conditions.<\/p>\n

Choosing a trademark is not just a matter of budget. A mark of the European Union covers a broader area, and a prior right relevant in one member state may create difficulties for the application. In contrast, a national trademark does not, by itself, provide protection in all the countries where you wish to expand.<\/p>\n

The internet domain is not a trademark<\/h3>\n

A domain like namesales.ro allows customers to find the site. If it is available and you register it, you have solved an important technical and commercial problem. However, you have not automatically obtained a trademark or confirmation that using the name does not affect the rights of another person.<\/p>\n

Reciprocity is valid: the fact that you own a trademark does not mean that the desired domain will be available. Therefore, the verification of the domains and relevant social media accounts must be done in conjunction with legal research, not in place of it.<\/p>\n

Copyright can protect the creation, not the brand idea<\/h3>\n

An original logo, photographs, website texts or advertising materials can benefit from copyright protection. According to Art. 1, para. (2), Art. 7 and Art. 9 of Law no. 8\/1996, the original work is protected by the mere fact of its creation; ideas as such do not benefit from this protection. <\/p>\n

Copyright does not automatically transform the name or logo into a registered trademark. Moreover, if a designer creates the logo, the payment of the invoice should not be treated as sufficient proof of all the rights the company wishes to obtain. The contract must clarify the transferred or licensed property rights and the permitted uses.<\/p>\n

What do you check before investing?<\/h2>\n

The research begins with Prior rights<\/strong>, Not only with an exact search on the internet. Analyze national brands, European Union brands, and international registrations relevant to the territories of interest. Also check the pending trademark applications: according to Art. 6(2)(c) of Law No. 84\/1998, they can count as prior marks if they are subsequently registered. <\/p>\n

The investigation does not stop at trademarks. Trade names, other signs used on the market, copyrights or geographical indications can raise issues, depending on the situation and the rights that can be proven.<\/p>\n

They compare not only the identical writing but also the pronunciation, appearance, and meaning. Two signs can be sufficiently similar that the public believes that the products or services come from the same business or from associated companies.<\/p>\n

It also matters what you sell<\/strong>. Art. 6(1)(b) of Law No. 84\/1998 links the analysis to the identity or similarity of the signs, to the identity or similarity of the products or services, and to the risk of confusion. For well-known trademarks, there is, under certain conditions, protection also in relation to different products or services. <\/p>\n

Nice classes: useful, but not decisive on their own<\/h3>\n

The products and services in the trademark application are grouped according to the Nice Classification. It is not enough to choose a class number: the list must be formulated sufficiently clearly and precisely to show what protection you are requesting.<\/p>\n

Very important, Article 10, paragraph (4) of Law no. 84\/1998 stipulates that products and services are not automatically similar because they are in the same class and nor automatically different because they are in different classes. The analysis must focus on the concrete products and services. <\/p>\n

A strictly hypothetical example<\/h3>\n

Let\u2019s assume that an entrepreneur chooses the name \u201eLunera\u201d for an online store of cosmetic products. The company is registered and the desired domain is available. Subsequently, the research identifies a previous trademark \u201eLunera\u201d or a closely related sign protected in Romania for cosmetic products.<\/p>\n

In this example, the availability of the company and the domain does not eliminate the problem. The prior law, the similarity of the signs, the targeted products, and the manner of use must be analyzed. The result may justify changing the name before launch or evaluating other options; it cannot be determined solely from the above hypothesis. The example is fictitious and does not affirm the existence or non-existence of a real trademark.<\/p>\n

The filing of the application does not guarantee registration<\/h2>\n

Even if the investigation does not identify an obvious conflict, the application may encounter obstacles. A sign lacking distinctive character or composed exclusively of descriptive indications may be refused under Article 5 of Law No. 84\/1998. Furthermore, holders of prior rights may formulate objections, and certain issues may be invoked even after registration. <\/p>\n

A search is a snapshot of the information available at a given time, not an absolute guarantee. Databases may have limitations in terms of updating or coverage; some relevant rights and uses are not identified by simply searching for an exact name.<\/p>\n

Practical steps and mistakes to avoid<\/h2>\n

Before launching, determine where you will sell, under what name and for which products or services. Look for relevant variations of the sign, check the results against your own activity and document the conclusions. Only then decide which trademark application is appropriate and whether significant investments in the chosen identity can continue.<\/p>\n

It keeps the results of searches with the date of verification, contracts with designers, work variants, invoices, advertising materials, and evidence of actual use of the brand. These can help clarify the origin of the creation, the acquired rights, and the chronology of use, without replacing the registration of a trademark.<\/p>\n

Common mistakes are checking only Google, comparing only identical names, assuming that another class eliminates the conflict and ordering materials before evaluating previous rights. Equally risky is to assume that a new logo resolves any similarity between two names.<\/p>\n

Frequently asked questions<\/h2>\n

If the company is already registered, can I still file the trademark?<\/h3>\n

Yes, you can analyze the filing of a separate application. However, registering the company does not guarantee the admission of the application and does not eliminate any previous rights.<\/p>\n

If I can't find an identical mark, is the name free?<\/h3>\n

Not necessarily. There may be similar signs, previous applications, well-known trademarks, or other relevant rights that do not appear in an exact search.<\/p>\n

Is it enough to protect only the logo?<\/h3>\n

It depends on what you want to protect and how you use the brand. A verbal trademark and one that includes graphic elements are not identical as a subject of claim. The choice should be made in relation to the sign, the activity and the available budget.<\/p>\n

A check done before investing does not eliminate any risk, but it allows you to make an informed decision, when changing the name is still easier to manage.<\/p>\n

For an analysis tailored to your business and the targeted markets, you can request advice from 0732.710.701<\/strong>.<\/p>\n

What you can do when a dispute arises<\/h2>\n

Depending on the invoked right, opposition or cancellation of a trademark, action for counterfeiting, proceedings regarding the company, or an action based on unfair competition can be analyzed. For the .ro domains, RoTLD describes an alternative dispute resolution procedure and also mentions the judicial route; the conditions of the procedure include a prior right and evidence of a lack of legitimate interest, as well as speculative or abusive registration or use. The rules depend on the extension of the domain, so the UDRP should not be presented as the universal procedure for all domains.<\/p>\n

Before filing a notification or taking action, compare the registration documents, the actual use of the mark, the products and services concerned, as well as the rules of the domain registry. A request for transfer or annulment is not automatic and must be supported by the applicable grounds and evidence.<\/p>\n

Legal references and useful readings<\/h2>\n

Law No. 84\/1998, republished in the Official Gazette No. 277 of April 7, 2026: Art. 2, 4\u20136 and 10. Law No. 265\/2022: Art. 3, paragraph (1), letter j), Art. 50\u201351. Law No. 8\/1996: Art. 1, 7, 9 and the provisions regarding the assignment of patrimonial rights.<\/p>\n