Trademark, logo and company name are elements of identification and differentiation for traders.

In order to identify the differences between a trademark, a logo and a company name, first we must understand what each of these elements mean. Variations arise in the purpose that each element has to perform, the competent authority that registers them and the law that regulates them.

Trademark is a sign of graphic representation that serves to distinguish goods or services of an individual or legal entity from those belonging to other people. Trademarks may constitute distinguishing signs such as: words, including personal names, designs, letters, numbers, figurative elements, three-dimensional shapes and especially the shapes of the goods or packaging, color combinations, and any other combinations of these signs.

Trademark regulation: Law 84/1998.

Who can register a trademark: individuals, freelancers, legal entities (companies, associations, etc.).

Competent authority for registration: Romanian Office for Trademarks and Inventions (ROTI), the Office of Harmonization for the Internal Market (OHIM) or the World Intellectual Property Organization (WIPO), according to the territory where trademark protection is desired (at national, European or international level).

The purpose of a trademark: through the trademark registration at the competent authority you eliminate the risk of confusion of the products and services identified by the trademark by customers, suppliers or any other interested persons, so that these will not be confused with others in the market.

In order to be distinctive and to achieve their aim of differentiating a product/service from others present in the market, trademarks must meet a number of features:
• The contained symbol (if any) should be simple, attractive;
• To have the ability to be quickly identified, to stand out;
• To be easy to remember;
• Not be similar to other existing trademarks.

A trademark can fulfill many functions: it protects the products and services of trademark owners, represents a guarantee of origin and quality of a product, a distinction and personalization from the existing competition.
A trademark with reputation will attract loyal customers to products and services marketed under that trademark, but can also help with recruiting potential employees.

Logo is a sign and/or name which serves to distinguish a person’s trade from the trade done by another person.

In order to be registered, the logo will have to be differentiated from previous registered logos with the Trade Registry.
During the existence of a company a logo can be changed by following the procedure required by law.

Logo regulation: Law 26/1990.

Who can register a logo: companies.

Competent authority for registration: the Trade Registry from the company’s registered office.

The purpose of a logo: differentiation of a trader from others in the market, the logo can be present on invoices, order notes, proposals, brochures, billboards.

Company name (firm) is one of the most distinguishing elements compared to other companies. No company can exist in the absence of a firm, which is a required element of any incorporation agreement. All businesses are required to have a name under which they operate their activity, in its absence the company not being able to be registered.

If in the past the firm booking was made at a county level, respectively at the Bucharest area, starting with 2009, bookings are nationwide so there may not be two or more companies with the same name or with a similar one.
The name is a binding element of identification, whose absence leads to refusal of registration of the company, or to the inability to obtain legal status.
During the existence of a company the firm can be changed by following the procedure required by law.

Company name regulation: Law 26/1990 and Law 31/1990.

Who can register a company name: companies.

Competent authority for registration: the Trade Registry from the company’s registered office.

The purpose of a company name: traders individualization.