The difference between company names (trade names) and trademarks

Legal entities are entities that are identified by name and unique numbers assigned by the authority that approves their establishment (Trade Register).

Although some time ago the name of the company was not an essential criterion for identification (since there is no centralized system at the level of Romania for records of names) so that the same name could be registered in different counties, in the presentation of the reservation and the allocation of the name of the company no longer . it can be done if there is an identical name or with enough similarities to create confusion between two names.

The method of reserving and allocating the company name is done through a computerized system, the software rejecting the reservation of the requested name if it identifies identical or similar names already reserved.

On the other hand, the trademark represents the optional and distinctive name under which a person carries out his activity. In this way, products or services under the registered trademark are distinguished on the market from other similar products and services, usually suggesting the guarantee of certain qualities or certain characteristics that confer added value compared to similar ones.

Trademark registration is done at the Romanian authority, at the local level (Romanian Office for Inventions and Trademarks – OSIM) or at the authorities with powers to register and protect trademarks in several countries (EUIPO) or around the world (WIPO).

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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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