October 2026
Adina Bădărău contributed her expertise to a Termene.ro guide on trademark registration, written by journalist Amelia Turp.
In her comments, Adina explains why entrepreneurs should think about protecting their brand early, ideally before investing in a domain, a visual identity or packaging.
Key takeaways:
- In Romania, trademark rights are acquired through registration with OSIM, under Law no. 84/1998.
- The best time to decide is before investing in the brand, and a first availability check can be done for free.
- Similar trademarks can also create conflicts, so a careful search of earlier rights is essential.
- For businesses active abroad, EUIPO covers all 27 EU member states, and the Madrid System opens markets outside the EU.
How are trademark rights acquired in Romania?
As Adina points out in the article, using a name for years does not protect it by itself. Rights over a national trademark come from registration with the State Office for Inventions and Trademarks (OSIM), while EU trademarks and international registrations designating Romania also have effect here:
“In Romania, the rights over a national trademark are acquired by registration with the State Office for Inventions and Trademarks (OSIM), according to Law no. 84/1998 on trademarks and geographical indications, republished pursuant to art. VI para. (1) of Law no. 30/2024 amending Law no. 84/1998. European Union trademarks and international registrations designating Romania also produce effects on the territory of our country”.
Why is a registered trademark an investment for a business?
According to Adina, registration should be seen “as an investment in the development and stability of a business”. It gives the owner exclusive rights, a concrete legal tool when another company uses an identical or similar sign, and more security for what is spent on Google and Meta campaigns, SEO and content. Over time, a registered trademark can also become a valuable intangible asset that can be assigned, licensed or included in a franchise.
When should you register your trademark?
Adina explains that the right moment is usually before the investments that tie a business to a name. A preliminary check can be done free of charge in the public databases of OSIM, EUIPO and WIPO, and postponing it is often what leads to the most expensive situations:
“In practice, we often encounter situations in which entrepreneurs discover, only after launching a product or service, the existence of previous trademarks identical or similar to the one they have developed. Such situations can generate legal conflicts and additional costs for the business”.
What is the most common mistake when checking a trademark?
Many entrepreneurs assume a name can be registered simply because no identical trademark exists. Adina notes that conflicts can also arise between marks that are visually or phonetically similar, and that an application can be rejected following an opposition.
OSIM, EUIPO or the Madrid System: which protection do you need?
In her comments, Adina compares the three routes:
- OSIM – protection in Romania, suitable for businesses focused on the local market
- EUIPO – one application for all 27 EU member states, with fees starting at EUR 850 for one class; an obstacle in a single member state can affect the whole application
- Madrid System (WIPO) – one international application for several countries, based on a national or EU filing; each country examines it under its own law
The full article is available in Romanian on Termene.ro HERE.
For questions about trademark registration or protecting your brand in Romania and the EU, we are happy to chat. Details about our award-winning Intellectual Property practice are available HERE.
The information comprised in this excerpted as well as the guide and the article announcing it are valid as of and have been published on 29 October 2026. The comments were prepared for and first published by Termene.ro