As I have shown, link “The difference between the company name (trade name) and the trademark”, the company name and the trademark are two different matters, one of which is mandatory (the company name) and the other is optional (the trademark), one being part of the identification details of the legal entity, and the other a way of customizing some products and/or services (e.g. a name / name / sign / color / logo etc.) provided by a merchant, compared to other products and/or similar services provided by another merchant.
What must be understood is that the name of a company cannot be protected in the same way as a trademark. Of course, there are ways by which the owner of a registered or well-known brand can compel other people to respect his brand, but these ways are in most cases settled through the courts or end up being settled through the courts or arbitration courts. For example, if the owner of a registered trademark wishes to register a company under the name registered as a trademark, but upon registration it is found that there is another previous company operating under an identical or similar name to that of the trademark owner, the latter will not have the possibility in the first phase to register a new company with the respective name. Depending on the concrete situation, the owner of the trademark may address the court in order to protect and exercise the prerogatives conferred by his registered trademark.
So, if we have a registered trademark, it does not mean that this will automatically lead to the right to use that trademark as a company name.
Unfortunately, Romanian legislation does not provide for the examination of the precedence of the commercial name in relation to the brand and, respectively, of the trademark in relation to the commercial name, the two being legally treated differently.