How to register a trademark?🔍

What is a trademark?

A trademark is a distinctive sign such as a word, a name (including a personal name), a design, letters, numbers, colors, figurative elements, the shape of a product or its packaging, or even a sound.

To be eligible for registration, a trademark must meet two key criteria:

• it must allow the identification of the products or services of one business from those of others;
• it must be clearly and precisely represented in the Trademark Register so that both authorities and the public can clearly identify the subject of protection.

A trademark can take many forms—from a word or logo to a slogan, color combination, or sound—as long as it is distinctive enough to indicate the commercial origin of a product or service.

What cannot be registered as a trademark?

• Signs that are generic or purely descriptive (e.g., “water” for bottled water);
• Signs that are misleading regarding the nature, quality, or origin of the product;
• Signs that are identical or similar to previously registered trademarks for similar goods/services, if likely to cause confusion.

How is a trademark registered?

Registering a trademark is a fundamental step for any business seeking to protect its brand. In Romania, this process is managed by the State Office for Inventions and Trademarks (”OSIM”) and is regulated by Law No. 84/1998 on trademarks and geographical indications.

A trademark can be registered nationally (via OSIM), at the european level (via EUIPO), or internationally (via WIPO).

Steps for registration:

• Trademark availability check – conduct a prior search at OSIM to ensure the mark is available and avoid conflicts with existing trademarks;
• Filing the trademark application – Submit the registration request to OSIM along with the required documents and payment of the filing fee;
• Preliminary examination – OSIM verifies that all registration conditions are met;
• Publication – If the trademark passes examination, it is published in the Official Bulletin of Industrial Property (”BOPI”);
• Oppositions – Any interested party may file an opposition within 2 months of the BOPI publication date;
• Issuance of the registration certificate – If no opposition is filed, or once oppositions are resolved, the certificate is issued.

Protection duration:

Trademark protection is granted for 10 years and can be renewed indefinitely by paying the corresponding renewal fees.

Benefits of registering a trademark:

• Exclusive right to use the trademark;
• Ability to prohibit unauthorized use;
• Legal foundation for action against counterfeiting or unfair competition;
• Adds value to a business (e.g., in sales or franchising negotiations).

Registering a trademark is not just a formality—it is a strategic investment in the identity and future of your brand. To avoid costly mistakes and ensure complete protection, we recommend following the legal procedure carefully.

Our legal team is ready to assist you at every step—from trademark availability checks to registration and defending your rights.