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Commercial law

By Buju, Stanciu & Asociații

Trademark registration

How to protect your business by trademark registration? - find out the steps you can take to ensure the smooth running of your business by registering your trademark

Trademark registration is an important step in protecting your business. A trademark is a symbol or name that distinguishes the products or services offered by your company from those of your competitors. By registering a trademark, you can protect your rights. This gives you the exclusive right to use that mark for the products or services specified in your registration application.

trademark-registration

trademark-registration

What are the steps for registering a trademark?

 

The first step in this process is to check whether the desired mark is available for registration. This involves a prior search of existing trademark registers. The purpose is to see whether the desired mark already belongs to someone else or whether there are similar marks that could create confusion in consumers' minds.

Once you have confirmed that the desired mark is available, the next step is to file the trademark registration application with:

  • Oficiul de Stat pentru Invenţii şi Mărci (State Office for Inventions and Trademarks) (OSIM)
  • the European Union Intellectual Property Office (EUIPO), if you want your mark to be protected in EU member states
  • the World Intellectual Property Organization (WIPO) if you want international protection

This application must contain information about the desired mark, including the name, logo or symbol. Information about the products or services for which you intend to use the mark will also be useful.

Once you have filed the application, you must wait for its approval. Afterwards, you will need to pay the relevant fees. This process can take several months or even years. The waiting period varies depending on the complexity of the application submitted.

What happens after you have registered the mark?

Once you have obtained the trademark registration, it is important to use and protect the mark appropriately. This means ensuring that you use the mark in accordance with the registration application. You will also need to protect it from incorrect or unauthorised use by others. This may include legal action against those who use your mark without authorisation, as well as against those who create confusion in consumers' minds between their mark and yours.

It is important to renew your trademark registration at regular intervals, as it may expire if not renewed in time.

In conclusion, registering a trademark is an essential step in protecting your business. Without this step, you may be putting your business at risk.

By registering your trademark, you gain the exclusive right to use that mark for the products or services specified in the application filed. It is important to check whether the mark is available. It is equally important to file the application and wait for its approval. Afterwards, you will need to use and protect the mark appropriately to prevent losing it.

To resolve any undesirable legal situations, a lawyer specialising in intellectual property and corporate law can help you!