Before you file, it is worth knowing whether the name is free. A documentary search shows whether an identical or similar mark already exists for the same goods or services — and whether filing is likely to end in a refusal or an opposition.
Why it matters more than it looks
OSIM does not refuse an application merely because an earlier similar mark exists. The examination covers absolute grounds — descriptiveness, lack of distinctiveness, deceptive signs. Relative grounds are raised only if the earlier right holder files an opposition.
The practical consequence is uncomfortable: a mark can be accepted, published, and then blocked by an opposition months later, after the name is already on the packaging. The search exists to surface that risk before you spend on it.
What we search
- The Romanian national register held by OSIM, including pending applications
- EU trade marks, which have effect in Romania and are the most common source of conflict
- International registrations designating Romania or the European Union
- Identical marks and, separately, similar signs — phonetic, visual and conceptual similarity
What you receive
A written opinion, not a list of database hits. It states whether the mark is available, which earlier rights are relevant, how serious each one is, and what the options are if a conflict exists — narrowing the specification, altering the sign, or negotiating a coexistence agreement.
The search takes two to three working days. For a preliminary check on a single word mark in one class, the answer usually comes back within one working day and is free of charge.
Marks in non-Latin scripts
If the mark is in Chinese, Arabic or Cyrillic characters, the search also covers transliterations and the Latin-script equivalents a Romanian consumer would be exposed to. Similarity is assessed from the perspective of the Romanian public, which will not read the original script — this changes the analysis substantially, and it is the point most often missed when the search is run abroad.
What a search cannot tell you
It cannot guarantee that no opposition will be filed. Unregistered rights, company names and reputation-based claims do not appear in any register. A clean search reduces risk considerably; it does not eliminate it, and any adviser who says otherwise is overselling.
After the search
If the name is free, we proceed to filing. If it is not, you have lost two days rather than a rebranding. Either outcome is useful.