Trademark Protection in Romania: Word vs. Figurative Marks under RO PTO

Trademarks serve as distinctive signs that identify and distinguish the goods or services of one trader from those of others. Pursuant to Romanian and European trademark legislation, a trademark may be registered in various forms, the most common being word marks and figurative marks. While both types of marks aim to provide protection for distinctive signs, there are fundamental legal differences between them, which have significant implications for their use and enforcement.

Definition of Word Marks

A word mark consists solely of a word, a combination of words, letters, numbers, or other standard characters, devoid of any specific graphic design. The essence of a word mark lies in the distinctiveness of the verbal element, which can be articulated and recognized independently of any particular visual representation. Legal protection for a word mark extends to the use of the word or phrase in any typographic form, font, or color, provided the verbal sign remains unchanged in substance.

For instance, the registration of the word “EXAMPLE” as a word mark would protect the use of this term regardless of the manner in which it is depicted graphically, so long as the word itself remains intact.

Legal Advantages of a Word Mark

Broad scope of protection: A word mark grants protection over the word itself, irrespective of the graphical or stylistic manner in which it is used, offering greater flexibility in commercial use.

Enhanced legal enforceability: Given that the protection extends to the verbal component, it is generally easier to demonstrate trademark infringement when a competing entity employs the same or a confusingly similar word for identical or related goods or services.

Recognition and memorability: Word marks are often more easily recognized and remembered by consumers, as they can be pronounced and articulated, aiding in brand recall.

Definition of Figurative Marks

A figurative mark, in contrast, incorporates visual elements, such as images, designs, or stylized typography, either with or without accompanying text. The legal protection afforded to a figurative mark is confined to the specific graphic depiction of the mark, including any combination of visual and textual elements. Therefore, protection is limited to the exact form in which the mark is registered, and the scope of protection does not extend beyond the specific graphical presentation.

For example, a figurative mark consisting of a distinctive logo combined with stylized text is protected only in that particular graphical form and cannot be asserted in a different configuration or format.

Legal Advantages of a Figurative Mark

High degree of visual distinctiveness: Figurative marks often possess a heightened level of visual distinctiveness, which can facilitate stronger brand recognition and differentiation in the marketplace.

Protection of unique graphical elements: Figurative marks offer protection for distinctive graphical elements, such as logos or designs, that would not be covered under a word mark.

Development of visual brand identity: A figurative mark can be a key component in building a robust visual identity for a brand, reinforcing its presence in the market and enhancing consumer association with the products or services.

Key Legal Distinctions Between Word Marks and Figurative Marks

Scope of protection

Word marks provide protection for the verbal component, regardless of how it is visually represented.

Figurative marks, by contrast, protect only the specific graphic representation, including any visual and textual elements in the precise form they are registered.

Infringement and enforcement

Infringement of a word mark may be more straightforward to establish, as the focus is on the use of the same or a similar word, which could create confusion among consumers.

In the case of figurative marks, infringement is more nuanced, often requiring a comparison of the visual similarity between the registered mark and the allegedly infringing sign, which can complicate enforcement efforts.

Flexibility in commercial use

Word marks offer greater flexibility in usage, as they are not tied to a particular visual form.

Figurative marks are more restrictive, as protection is confined to the exact graphic form in which they are registered.

Consumer perception and recognition

Word marks are more easily recognized by consumers through auditory means, as they can be pronounced and articulated.

Figurative marks rely primarily on visual recognition, which can make them more memorable but less easily recognized when spoken.

Both word marks and figurative marks play a vital role in the protection of a brand’s intellectual property. The choice between registering a word mark or a figurative mark hinges on the specific needs and strategic objectives of the brand. Word marks provide broader protection over the verbal component, allowing for greater flexibility in their use, while figurative marks afford protection to distinctive graphic and visual elements. In practice, many businesses opt to register both types of marks to secure comprehensive protection for their commercial identity.