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What Really Happens Behind a Registered Trademark? The Unseen Case Files That Turn a Logo into a Business Asset

The article uses case-file examples to show the life cycle of a trademark—from registration and oppositions to enforcement and licensing. It highlights how proper strategy and documentation can transform a simple logo into a protected, valuable element of your business.

This article is for general information only and does not constitute legal advice. Concrete situations must always be analysed individually, together with a lawyer or an industrial property attorney, based on your documents, market, and objectives.

1. The starting question: what do you not see behind a logo?

From the outside, a trademark looks simple: a name, a logo, maybe a catchy slogan. On packaging or on a website you only see the final “face” of the brand. But behind that sign there are usually years of strategy, searches, filings, office actions, oppositions, negotiations and legal decisions that can influence the value of an entire business.

The guiding question of this article is:

“What actually happens behind a registered trademark – from the first idea to litigation and long-term monitoring – and why does this invisible legal work matter for entrepreneurs and creators?”

We will look at a trademark not as a pretty drawing, but as a living case file that evolves through decisions, deadlines, evidence and economic choices. A file which, if handled superficially, can turn against its owner through oppositions, infringement claims or even loss of rights because of non-use.

2. Why trademarks are now strategic assets, not just nice logos

2.1. How many trademarks are we talking about globally?

According to the World Intellectual Property Organization (WIPO), an estimated 11.6 million trademark applications were filed worldwide in 2023, and about 11.7 million in 2024 – after a decade-long period of growth, a COVID-era boom and then a correction. These figures are taken from WIPO’s “World Intellectual Property Indicators 2024” and the accompanying statistics for 2024 filings, which aggregate data reported by national and regional IP offices across the globe.

In simple terms, this tells you that:

  • it is getting objectively harder to find a free and distinctive name;
  • the risk of conflict with earlier marks (similar names, overlapping goods/services) grows every year;
  • “winging it” without a serious trademark strategy is, in practice, an invitation to future problems.

You can check WIPO’s latest figures directly on their site:
WIPO – World Intellectual Property Indicators 2024 – Trademarks highlights and
WIPO – World Intellectual Property Indicators 2024 (full report, PDF).

2.2. Economic impact: trademarks and GDP in the EU

A joint study by the European Union Intellectual Property Office (EUIPO) and the European Patent Office (EPO), based on the period 2017–2019, shows that IPR-intensive industries (industries that use trademarks, patents, designs, copyright, etc. intensively) generated about 47% of EU GDP, while trademark-intensive industries alone accounted for around 39% of EU GDP. The same report shows that these industries provide a significant share of total employment and pay higher wages compared to non-IPR-intensive industries.

These findings are presented in:
EUIPO/EPO – “IPR-intensive industries and economic performance in the European Union” (2022 update) and the associated key-findings PDF.

Put plainly: behind a successful trademark there is real money – contracts, licences, franchises, distribution, investments. The “boring” work in trademark files is what turns a logo into a transferable, enforceable, bankable business asset.

3. The legal framework: where the “novel of trademarks” is written

3.1. Romania – Law no. 84/1998 on trademarks and geographical indications

In Romania, the main legal instrument is Law no. 84/1998 on trademarks and geographical indications, as republished and subsequently amended. It regulates how a trademark is acquired, the rights it confers, grounds for refusal, invalidity and revocation, and the procedures before the national IP office.

You can verify the current consolidated version on the official legislative portal:
Law no. 84/1998 – Portal Legislativ (Romania).

Some key points from the law (in summary terms):

  • types of trademarks (individual, collective, certification marks);
  • scope of rights conferred on the owner (exclusive rights and power to prohibit use of identical/similar signs for identical/similar goods/services);
  • absolute grounds for refusal (lack of distinctiveness, descriptiveness, contrary to public policy, etc.);
  • relative grounds for refusal (conflicts with earlier rights: earlier trademarks, geographical indications, trade names, etc.);
  • revocation for non-use (typically if not put to genuine use for an uninterrupted period of five years);
  • invalidity in case of earlier conflicting rights or bad faith at filing, among others.

3.2. National authority: OSIM

In Romania, trademark applications are handled by OSIM – Oficiul de Stat pentru Invenții și Mărci (the State Office for Inventions and Trademarks). OSIM examines applications, publishes them in the Official Industrial Property Bulletin, handles oppositions and maintains the national trademark register.

Basic information on the procedure, fees and time limits is available on OSIM’s website, for example:
OSIM – Basic information – Trademarks and
OSIM – Guides for filing trademark applications.

According to OSIM’s official guidance and Law no. 84/1998, the office examines a trademark application on the merits and decides on registration or refusal within a maximum of six months from publication, provided that the required fees have been paid. This six-month time limit is set out explicitly in Article 22 of Law no. 84/1998, and restated in OSIM’s procedural guides.

3.3. At EU level – the European Union trade mark (EUTM)

If you target the EU market, you can file a European Union trade mark (EUTM). This is a unitary title administered by the EUIPO – European Union Intellectual Property Office in Alicante. A single registration has effect in all EU Member States.

The legal basis is mainly:

EUIPO explains the core features, filing options and tools on:
EUIPO – Trade marks and
EUIPO – Apply now for an EUTM.

3.4. Beyond the EU – the Madrid System

For protection in multiple countries outside the EU, many businesses use the Madrid System, administered by WIPO. This is not a single “global trademark” but an international registration system that allows you to file one application through your Office of origin (for example OSIM or EUIPO) and designate up to 130+ member countries.

WIPO describes the Madrid System as a “convenient and cost-effective solution” for registering and managing trademarks worldwide:
WIPO – Madrid System – International Trademark Protection and
WIPO – How to file an international trademark application.

4. From idea to trademark: why searches matter more than enthusiasm

4.1. The classic mistake: “I’ve found a brilliant name, I’ll just start using it”

Many businesses start like this: a “perfect” name comes up, they rush to design a logo, they buy a .ro or .com domain and begin producing packaging and marketing materials. Only later do they discover that the name:

  • is already registered as a trademark for identical or similar goods or services;
  • is so descriptive, generic or laudatory that it cannot be effectively protected as a trademark; or
  • is confusingly similar to an earlier mark and immediately attracts an opposition or a cease-and-desist letter.

At that point, the “novel” suddenly turns into a legal thriller: rebranding, destroying stock, negotiating undertakings, and potentially paying damages. All of this could often have been mitigated with an initial clearance search and a realistic legal assessment.

4.2. Minimum checks before getting emotionally attached to a name

Before you fall in love with a particular name or logo, it is worth performing at least the following filters:

  • OSIM databases – OSIM provides three public databases containing marks that are enforceable in Romania (national marks, EU trade marks, and international marks designating Romania). The OSIM FAQ page explicitly recommends checking these databases before filing:
    OSIM – FAQ on trademarks and geographical indications.
  • EUIPO databases – the EUIPO provides tools such as TMview and eSearch plus to check existing and pending EU trade marks and some national marks:
    EUIPO – Search for trade mark availability.
  • Company registers and domain names – to spot obvious conflicts with existing business names and to check if coherent domain names are available.
  • Internet and social media searches – many conflicts become visible simply by searching how a term is already used in practice.

A basic search can be done by the entrepreneur, but a professional clearance goes further: it looks at phonetic, visual and conceptual similarity, at overlapping Nice classes (goods/services), and at the overall risk profile in light of case-law and office practice.

5. Protection strategy: national trademark, EU trade mark or international route?

5.1. Key questions for any brand owner

Before rushing to “file at OSIM” or “go straight for an EU trade mark”, it helps to clarify a few strategic points:

  • Where do you actually sell today? Only in Romania? Mostly online? Also in physical stores in other EU countries?
  • Where do you realistically plan to sell in the next 3–5 years?
  • What budget do you have for applications, oppositions, translations and renewals?
  • How broad does your list of goods and services need to be to cover your business model without becoming needlessly wide?

5.2. National trademarks (OSIM)

National Romanian marks are often the first logical step for businesses that operate mainly in Romania, especially early-stage ventures. The procedure and costs are tailored to the national context and the risk is limited to conflicts within Romania.

OSIM publishes detailed guidance on fees, deadlines and stages:
OSIM – Basic information – National trademarks.

5.3. EU trade marks (EUTM)

An EU trade mark makes more sense if:

  • you already have or clearly plan to have customers in several EU Member States;
  • your online presence is substantial across the EU; or
  • you plan to bring in EU-level investors or partners.

Because of its unitary character, an EUTM is all-or-nothing: a justified opposition or absolute ground in a single Member State can block the whole application. The choice between national filings, EUTM, or a mix of both is typically a strategic question best discussed with an IP professional.

5.4. International registrations under the Madrid System

Through the Madrid System, a trademark owner with a “basic mark” (national or regional, such as a Romanian or EU trade mark) can file one international application designating multiple member countries. The main steps are described clearly by WIPO:
WIPO – Filing international trademark applications: Overview.

OSIM also summarises the options for protection abroad (national route in each country, regional systems, Madrid designations) in its information page:
OSIM – Protection of trademarks abroad.

The “right” combination (Romanian mark, EUTM, Madrid designations or all of the above) depends on your real markets, budget and risk appetite.

6. The invisible administrative file: what actually happens to your application

6.1. The administrative file – formalities and internal steps

Once you file, an administrative file is opened. It typically contains:

  • the application form;
  • the representation of the mark (or the relevant file for non-traditional marks: sound, motion, multimedia);
  • the list of goods and services (classified under the Nice Classification);
  • proof of payment of fees;
  • any later observations, office actions, responses, oppositions and decisions.

OSIM first checks formalities and whether fees have been paid within the required time limits. As per OSIM’s basic information page, the examination fee for the merits must generally be paid within 30 days from filing; otherwise the application is deemed withdrawn and refused. After a valid filing date is accorded, the application is published, and a period for observations and oppositions begins.

Subsequently, OSIM examines the application on the merits, based on absolute grounds for refusal (in particular, Article 5 of Law no. 84/1998) and, where applicable, taking into account observations and oppositions lodged under Articles 5–6 of the law. Article 22 of the law sets a maximum six-month period from publication, subject to payment of the relevant fees, for this substantive examination.

6.2. Absolute and relative grounds for refusal

From a legal perspective, two large categories of issues can block a trademark:

  • Absolute grounds – concern the sign itself: lack of distinctive character, descriptiveness, generic nature, deceptive character, conflict with public policy or accepted principles of morality, etc. These grounds are harmonised at EU level by Directive (EU) 2015/2436 and are reflected in Law no. 84/1998 and the EU Trade Mark Regulation.
  • Relative grounds – concern conflicts with earlier rights: earlier trademarks (national, EU or international), company names, geographical indications, names of well-known marks, or copyright and personality rights in some situations. Typically, these are invoked by earlier right holders through oppositions or invalidity actions.

EUIPO’s Guidelines for Examination provide detailed explanations and examples of how these grounds are interpreted at EU level. OSIM’s practice is aligned with the Directive and national case-law.

6.3. Office actions, clarifications and limitations

During examination, the office may send observations on:

  • the wording of the list of goods and services (too vague, overly broad, unclear terms);
  • the graphic representation (for non-traditional marks);
  • absolute grounds (descriptiveness, lack of distinctiveness, etc.).

Typical responses drafted by counsel include:

  • limiting or clarifying the list of goods and services, often with the help of official tools such as EUIPO’s
    TMclass for acceptable terms;
  • legal arguments on why the sign is distinctive or has acquired distinctiveness through use;
  • where necessary, declarations that no exclusive rights are claimed over certain non-distinctive elements.

7. Oppositions, observations and appeals: when trademarks collide

7.1. Opposition proceedings

At EUIPO, opposition is the standard mechanism by which owners of earlier rights ask the office to refuse a later trademark application before registration. Opposition grounds and procedure are mainly governed by the EU Trade Mark Regulation and EUIPO’s secondary legislation.

In Romania, Law no. 84/1998 also provides for observations (on absolute grounds) and oppositions (on relative grounds), with specific deadlines after publication of the application or of the decision to register.

OSIM’s basic information and legal texts can be checked here:

7.2. Why monitoring (“watch services”) matters

National offices and EUIPO do not fully police later applications for you. It is usually up to the trademark owner to:

  • monitor new applications in the relevant bulletins (OSIM – Official Industrial Property Bulletin, EUIPO – EU Trade Marks Bulletin, WIPO Gazette for international marks);
  • assess whether a new filing is close enough to justify an opposition;
  • decide whether to negotiate coexistence or to formally oppose the application.

OSIM’s Bulletin can be accessed online at:
OSIM – Official Industrial Property Bulletin – Trademarks.

In practice, many “hidden” hours in trademark files are spent precisely on this ongoing monitoring and on strategic decisions on when to act and when it is wiser to compromise.

8. After registration: genuine use, non-use and the risk of revocation

8.1. Registration is not the end of the story

Under both Romanian law and EU trademark law, a registered trademark can be revoked if it is not put to genuine use in connection with the goods and services for which it is registered, within an uninterrupted period of usually five years.

This rule is reflected, for example, in Directive (EU) 2015/2436 and Regulation (EU) 2017/1001, and has been transposed into Law no. 84/1998 through provisions on revocation for non-use. The logic is simple: the register should not be clogged with marks that are never actually used on the market.

8.2. What counts as “genuine use”

Courts and IP offices look at a series of factors, including:

  • volume and frequency of sales under the mark;
  • marketing materials (websites, labels, invoices, catalogues, social media campaigns);
  • geographical scope and duration of use;
  • whether use is serious and commercially justified, not merely token use to maintain rights.

The practical consequence is that you need a system for collecting and keeping evidence of use over time. This is another part of the work that remains invisible until the moment someone challenges your mark for non-use or you must prove use in an opposition or invalidity proceeding.

9. The “files and needles” of a trademark portfolio: what lawyers and IP attorneys actually do

9.1. Before filing

  • Assess the proposed name (and alternatives) for distinctiveness and risk of conflict.
  • Conduct or coordinate searches: OSIM databases, EUIPO tools, WIPO databases, company registers, domain names.
  • Draft a balanced list of goods and services, aligned with the Nice Classification and with your real and planned activities.
  • Advise on strategy: national filing, EUTM, international route via Madrid, or staged approach.

9.2. During the procedure

  • Handle office actions and correspondence with OSIM/EUIPO (formal objections, clarifications, classification issues).
  • Prepare legal arguments on distinctiveness, descriptiveness, acquired distinctiveness or other relevant points.
  • Negotiate coexistence agreements or letters of consent where this is realistic.
  • File oppositions or defend against them, managing evidence, deadlines and settlement options.

9.3. After registration – the portfolio “novel” continues

  • Monitor bulletins and databases for confusingly similar later filings.
  • Propose actions against infringement (cease-and-desist letters, customs measures, civil or criminal proceedings where appropriate).
  • Track renewal deadlines (usually every ten years), grace periods and reclassification issues.
  • Structure and negotiate licences, assignments, security interests or contributions in kind to companies.

In short, the apparently tedious work on these files is precisely what maintains and grows the economic value of the mark over time.

10. Fictitious but realistic scenarios from the “novel of trademarks”

The following scenarios are purely fictitious and for illustration only. Any resemblance to real situations is coincidental.

10.1. The entrepreneur who skips searches and is hit by an opposition

A craft beverages brand picks an impactful name and launches quickly. No serious searches are done at OSIM or EUIPO. After the EU trade mark application is filed, a large producer from another EU country files an opposition based on an earlier mark that is very similar phonetically and conceptually, for identical goods.

Likely outcome:

  • the opposition has strong chances of success;
  • the start-up must either negotiate coexistence on unfavourable terms or accept rejection;
  • rebranding, costs and confusion among customers follow.

10.2. The tech start-up that “forgets” about unused classes

A start-up registers a very broad mark, covering software, consulting, hardware, a list of goods/services far beyond its realistic business scope. After a pivot, only a narrow subset is actually used. Years later, a competitor requests partial revocation for non-use for the unused classes. The start-up loses protection for classes that were never realistically used, but which it had counted on as a “protective umbrella”.

10.3. The artist who doesn’t monitor their stage name

An artist registers their stage name as a trademark for entertainment services and some merchandise. They never subscribe to a watch service and rarely check new applications. Over time, multiple clothing and accessories brands adopt very similar names and file for marks in related classes.

By the time the artist realises the extent of the problem, opposition deadlines have expired, and several younger marks are already registered. Instead of being the one licensing the name, the artist is now negotiating from a defensive position with trademark owners who have consolidated their rights in other fields.

For a broader, IP-focused perspective on artists and performers, you can also read (Romanian article):

11. Turning the “novel of trademark files” into a strategic advantage

Seen honestly, a trademark has three intertwined dimensions:

  • a creative dimension (name, visual identity, brand positioning);
  • a legal dimension (searches, filings, oppositions, arguments, renewals);
  • an economic dimension (licences, franchises, corporate transactions, financing).

The invisible work in trademark files – classifications, searches, monitoring, evidence of use, renewals – is not bureaucratic noise. It is the legal infrastructure that supports the value of the brand. A trademark that is chosen, registered and maintained strategically allows you to:

  • negotiate more confidently with investors, distributors and partners;
  • act quickly and credibly against infringement and free-riding;
  • monetise the brand via licences, franchises, assignments or contributions to company capital;
  • avoid costly surprises: forced rebrandings, lost litigation or partial revocation.

If you want a broader overview of how intellectual property (copyright, trademarks, designs, software) can be protected in Romania, you can also consult (Romanian article):

12. Frequently Asked Questions (FAQ) – the invisible work behind a trademark

1. Is it better to register a trademark only in Romania or directly as an EU trade mark?

It depends on where you actually sell and where you plan to sell. For a business that operates mainly in Romania, a national Romanian mark via OSIM is often a reasonable first step. If you already have or clearly plan to have customers in multiple EU countries, an EU trade mark (EUTM) can be more efficient. In many cases, a combined strategy (national marks + EUTM and/or international registrations under the Madrid System) offers the best balance between cost and coverage.

2. How long does it take, in practice, to register a trademark in Romania?

According to Article 22 of Law no. 84/1998 and OSIM’s procedural guides, OSIM must examine the application on the merits and decide on registration or refusal within a maximum of six months from publication, provided the examination and registration fees are paid. However, the total duration of the process can be longer if there are observations, oppositions, appeals or delays in fee payment.

3. What happens if I don’t use my trademark after registration?

If you do not put your trademark to genuine use for an uninterrupted period of five years for the goods and services for which it is registered, it may become vulnerable to revocation for non-use. Additionally, in opposition or invalidity proceedings, you may be required to prove use of your earlier mark for the relevant period and territory.

4. Can I check myself whether a trademark is available?

You can and you should perform preliminary checks. OSIM explains that you can search three public databases for marks enforceable in Romania (national, EU, and international marks). EUIPO offers TMview and other tools for EU and some national marks. Basic internet, company register and domain name searches are also useful. However, a professional clearance goes further, analysing similarity (visual, phonetic, conceptual), overlaps in goods and services and the legal risk of conflict.

5. What are the risks of using an unregistered trademark?

In some situations you may acquire limited protection through prior use, but an unregistered sign is generally more vulnerable. Someone else can register a similar or identical mark for similar goods/services, and you may end up having to rebrand, destroy packaging, change domains and possibly face infringement claims. Registering your trademark gives you a clearer, more enforceable legal position.

6. What is the difference between absolute and relative grounds for refusal?

Absolute grounds concern the sign itself (descriptiveness, lack of distinctiveness, generic nature, conflict with public policy or morality, etc.), and are examined ex officio by the office. Relative grounds concern conflicts with earlier rights (earlier trademarks, trade names, geographical indications, etc.) and are typically raised by earlier right holders through observations, oppositions or invalidity actions.

7. I received a cease-and-desist letter – what should I do?

Do not ignore it. Analyse whether your mark or your use of it genuinely conflicts with the rights invoked. It is advisable to consult a lawyer or industrial property attorney to evaluate the merits of the claims, identify your options (negotiation, coexistence, rebranding, defending your position) and avoid admissions that may harm you later.

8. Can I transfer a registered trademark to another company or person?

Yes. Trademarks can be assigned (transferred) or licensed, in whole or in part (for certain goods/services or territories). Assignments and licences can and should be recorded in the relevant registers (OSIM, EUIPO, WIPO) to be enforceable against third parties. Properly documented assignments and licences are often central in M&A transactions, franchise systems and financing structures.

9. How should I document use of my trademark to be prepared for disputes?

Systematically keep contracts, invoices, catalogues, brochures, screenshots of websites and social media campaigns, photos of packaging, advertising materials, and sales reports that show your mark as used on the market, with dates and territories. This evidence can be crucial in proving genuine use, defending your rights in oppositions or invalidity actions, or resisting revocation for non-use.

10. Why should I work with a lawyer or IP counsel instead of filing on my own?

You can file applications yourself, but a professional can help you avoid high-risk names, draft a goods/services list that fits your real business, respond effectively to office actions, negotiate coexistence or licences, and structure an overall portfolio strategy (national, EU, international). The extra cost is often small compared to the potential losses from a poorly chosen mark, a forced rebranding or a lost dispute.

13. Sources and useful resources