Difference Between a Trademark Registered with the State Office for Inventions and Trademarks (OSIM) and the Company Name Registered with the Trade Registry

Company name registered with the Trade Registry

The company name, also known as a trade name, is the official identifier of a business registered with the Trade Registry. This is the first step in formalizing a business, whether it is a limited liability company (SRL), a joint-stock company (SA), or another type of legal entity.

Key characteristics

Identification function: The company name is used to distinguish a company from other companies registered in the same jurisdiction. It must be unique locally but does not benefit from extended protection at a national or international level.

Geographical limitation: The Trade Registry only verifies the uniqueness of a name at the national level, meaning a company in another country could have the same name without violating the law.

Legal obligations: The name must comply with certain rules established by current legislation, such as avoiding misleading names or names that are contrary to public morals and public order.

Validity: Once registered, the company name is protected as long as the company continues to operate and meets its legal obligations (e.g., filing annual financial statements).

Trademark registered with OSIM

A trademark is a symbol, logo, name, expression, or combination thereof, used to identify a company’s products or services and differentiate them from those of other companies. Registering a trademark with OSIM provides protection within Romania and can be extended internationally through separate procedures.

Key characteristics

Distinctive function: The trademark helps protect the commercial identity of a product or service, with registration granting the owner the exclusive right to use it within certain product or service classes defined under the Nice Classification.

Extended protection: A registered trademark is protected throughout Romania, and this protection can be extended to the European Union or internationally through other bodies, such as EUIPO (European Union Intellectual Property Office) or WIPO (World Intellectual Property Organization).

Duration of protection: Trademark protection granted by OSIM lasts for 10 years, with unlimited renewals possible, provided legal conditions are met.

Exclusive rights: The trademark owner can prevent others from using the same or similar signs for products or services in the same classes, providing protection against unfair competition and counterfeiting.

Differences between a trademark registered with OSIM and a company name

Scope of protection

Company name: Protects only the name of the business entity at the national level, allowing it to operate legally under a specific name.

Trademark: Provides protection not only for the name but also for logos, slogans, shapes, and prevents their use by others for similar products or services.

Commercial function

Company name: Is tied to the legal existence of the company and is used for administrative purposes, such as in contracts or invoices.

Trademark: Is primarily used for marketing and promotion to differentiate a company’s products or services in the marketplace.

Uniqueness

Company name: May be similar to other company names as long as they operate in different jurisdictions (e.g., a company with a similar name could exist in another country).

Trademark: Grants exclusive rights over the name, logo, or symbol, ensuring that no other company can use the same trademark for similar products or services in the protected territory.

Object of protection

Company name: Protects the legal and commercial identity of the company.

Trademark: Protects the brand reputation and value of the products or services, being a marketing asset.

Company name identical to a registered trademark

Although a company may use its name for commercial purposes as a brand, it is important to emphasize that registration with the Trade Registry does not provide the same protection as registering a trademark with OSIM. To avoid legal conflicts, a company wishing to fully protect its name, logo, or other branding elements should register these as trademarks.

The company name and the registered trademark are distinct legal concepts, each serving a specific role in the protection and management of a business. While the company name provides limited protection at the administrative level, the registered trademark grants an exclusive right to use certain distinctive elements, protecting the company’s products or services from unauthorized use.