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Ministry of Justice
National Trade Register Office

January 27, 2023

 

Documents required for verification of company logo availability and/or its reservation:

 
Information note on the processing of personal data

  1. Application for verification of logo availability and its reservation (original) - form;
  2. Model of the logo in 3 samples (original);
  3. As appropriate, special power of attorney for the person appointed to fulfill the legal formalities (original).

 

Note

  • A logo is a complementary and optional element used for the trader’s identification and individualization, making a distinction between trades of the same type (art. 58 paragraph (1) and (2) of the Implementing regulations on keeping the trade registers, carrying out registrations and releasing information).
  • The logo can be:
    • represented by words – consists of a designation;
    • figurative represented – consists of a graphic representation;
    • complex – consists of a combination of words with figurative elements.
  • The logos should be written in Romanian primarily (art. 30 paragraph (3) of Law no. 26/1990, as republished and subsequently amended and supplemented).
  • If the logo contains a name, the firm shall be written with letters of at least half the size of the letters used for writing the logo (art. 43 of Law no. 26/1990, republished).
  • The logo shall be visibly accompanied by the firm of the trader.
  • Logos removed/delisted from the trade register are unavailable for a period of two years starting from the date of removal, except for situations pursuant to art.41 of Law no. 26/1990, as republished and subsequently amended and supplemented (art. 39 paragraph (9) of Law no. 26/1990, as republished).
  • The application needs to include a description of the logo’s components (content, form, color and others), description that shall be included in the Articles of Association or in the modifying document. If the logo reservation is requested after the company has been set up, the Articles of Association are not required to be submitted in an updated form.
  • Transferring or renouncing a logo may also be done without affecting the company’s other assets (art. 60 paragraph (1) of the Implementing regulations).
  • Transfer of a registered or reserved logo is allowed between legal persons participating in merger or division, without the obligation of verification the availability or reservation thereof (art. 60 paragraph (1) of the Implementing regulations).
  • For reservation, the logo shall be verified for cumulative fulfillment of the general and special conditions related to the legality, availability and distinctiveness towards the logos registered in the trade register or reserved pending their registration (art. 29 paragraph (1) of the Implementing regulations).
  • The following are not considered distinctive elements (art. 62 of the Implementing regulations):
    • use of different colors, if the graphic elements are identical or similar to an existing logo;
    • use of a different frame form than the one of a logo already registered or reserved;
    • addition or removal of some elements, if these do not make a certain difference between the compared logos;
    • use of word abbreviations that are part of a registered or reserved logo, in case the graphic remains unchanged.
  • Designations and figurative representations consisting of reproductions and imitations of blazons, flags, state logos, official seals etc. (art. 62 paragraph (3) of the Implementing regulations) cannot be registered as logos without the authorization of the competent bodies.
  • The registration application needs to have 2 samples of the logo included, with the dimensions of 6x6 cm, which will be attached to the decision form of the trade register’s director of the register attached to the law court and/or his/her designee.
  • A logo may be reserved for a period of max. 3 months, starting from the application’s registration date.
  • The verification of a logo’s availability is carried out by trade register office personnel and the outcome is administratively decided. The final determination regarding the logo’s legality is made by the director of the trade register office attached to the law court and/or his/her appointees.
  • The application for registration, the documents provided for by law, filed and numbered, shall be submitted by the applicant directly at the trade register office attached to the law court, by post, with declared-value letter and notice of receipt or by electronic means. The application sent in electronic form, through the online services portal or through the electronic mail, shall have the qualified electronic signature incorporated, attached or logically associated. If the documents are sent by post, the applicant's identity document shall be attached, as a handwritten photocopy  certified by the owner regarding the conformity with the original.
  • Forms are available at the trade register offices attached to the law courts.         

 

This is a general guide meant to inform professionals about their obligations and the legal formalities that need to be fulfilled in order to register in the trade register.

 

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