Prior to filing a trade mark application with the Romanian IPO (OSIM) or the EUIPO, a trade mark clearance search is conducted as a pre-filing risk assessment designed to evaluate the availability and registrability of the proposed sign across relevant jurisdictions. The search involves a structured examination of national, EU, and international trade mark registers, as well as other relevant sources of prior rights, in order to identify earlier identical or confusingly similar marks that may constitute relative grounds for refusal, including likelihood of confusion or association. The resulting analysis provides an assessment of potential legal obstacles to registration and use, including opposition and infringement risks, enabling an informed decision on filing strategy and mitigating exposure to third-party claims.
A properly structured trade mark assessment conducted by our team of registered trade mark attorneys involves a detailed examination of the distinctive elements of the proposed sign, including its verbal components, figurative elements, and colour combinations, in relation to earlier rights recorded in relevant trade mark registers. The analysis extends beyond a purely visual comparison and applies established criteria of similarity, encompassing visual, phonetic, and conceptual assessment, as well as the overall impression created by the marks in question. Account is also taken of the distinctiveness and market recognition of earlier rights, the nature of the relevant goods and services, and classification under the applicable Nice Classification system. The outcome is a reasoned, evidence-based opinion on registrability, providing a realistic evaluation of potential obstacles and the likelihood of obtaining trade mark protection.
Following completion of the clearance search, our trade mark attorneys provide targeted legal advice regarding the most appropriate filing strategy for the proposed mark. This includes an assessment of whether the mark may proceed to filing in its current form or whether modifications are advisable in order to mitigate identified risks of conflict with earlier rights. Where necessary, strategic adjustments are recommended with a view to enhancing registrability while preserving the core distinctive elements of the sign. This advisory stage is a key component of the pre-filing process, ensuring that the chosen protection strategy is aligned with the client’s commercial objectives and reducing the likelihood of objections, oppositions, or office actions, thereby supporting the effective and sustainable protection of the trade mark from the outset.
