Prior to initiating the trademark registration process before the Romanian State Office for Inventions and Trademarks (OSIM) or the European Union Intellectual Property Office (EUIPO), conducting a comprehensive clearance search is essential to assess the registrability of the proposed sign and to identify potential obstacles. This preliminary step involves the systematic examination of relevant national and international trademark databases in order to detect identical or confusingly similar earlier marks that may give rise to conflicts. A well-structured clearance search significantly reduces the risk of refusal, opposition by third parties, or future legal disputes.
Our registered trademark attorneys conduct an in-depth analysis of the distinctive elements of the mark—such as the word components, figurative elements, and colour combinations—and assess them against existing prior rights. In addition to evaluating visual, phonetic, and conceptual similarities, the analysis also takes into account factors such as the reputation of the identified marks, the commercial sectors involved, and the relevant Nice classes. The outcome of this assessment is a detailed, substantiated report providing the applicant with a realistic overview of the likelihood of registration success.
Based on the findings of the clearance search, our attorneys issue tailored recommendations regarding the proposed trademark filing strategy—either confirming the registrability in its current form or suggesting modifications to mitigate identified risks. The assistance provided at this stage plays a pivotal role in defining a coherent and sustainable protection strategy, aligned with the client’s commercial objectives. Through this preventive and strategic approach, we maximize the probability of successful registration and safeguard the client’s brand identity from the earliest stages of development.
