If I have a registered trademark, can I later register a company with that name?

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.

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The main management structure of the company in Romania is the general meeting of associates / shareholders. The constitutive act establishes the rules for convening and adopting decisions and whether the exercise of the vote can be delegated by special mandate by the associate / shareholder who cannot take part in the meeting. In the limited liability company, each shareholder entitles the holder to one vote in the respective meeting. The general meeting of associates has the following main obligations: ✓ to approve the annual financial statement and to establish the distribution of the net profit. ✓ to appoint the administrators and the censors, to revoke / dismiss them and to discharge them, as well as to decide to contract the financial audit, when it is not obligatory, according to the law; ✓ to decide the pursuit of the administrators and censors for the damages caused to the company, designating also the person in charge to exercise it; ✓ to modify the constitutive act.
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The limited liability company is the most common form of company in Romania, being the legal entity that best serves the interests of investors both from the point of view of the reliability of the activity, and from the perspective of its management. The limited liability company is abbreviated "SRL" in Romania and is the equivalent of the American limited liability company Limited Liability Company (abbreviated to LLC) or the German economic structure "Gesellschaft mit beschränkter Haftung" (abbreviated to GmbH), or the structure called "limited" , the structure used in most Latin American states.
The limited liability company is characterized by:
✓ the character intuitu personae, which means that this economic structure is based on the trust between the associates;
✓ the division of the share capital into fractions called shares, which cannot be negotiable securities;
✓ the liability of the associates is limited to their contribution to the share capital.
The limited liability company may also have a single partner, natural or legal person, of Romanian or foreign nationality, who will be the owner of all shares. Instead, the maximum number of associates is 50 people.
At present, the Romanian law no longer conditions the subscription and payment of a certain amount as share capital.
Through registration, the company acquires legal personality, becoming, under the law, a collective subject of law. The conclusion given by the judge is sent, ex officio, to the Official Gazette of Romania for publication at the expense of the company and to the Financial Administration in whose territorial area is the main headquarters of the company for fiscal registration, mentioning the registration number in the Trade Register .

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