How Do You Legally Protect a Logo in Romania?

Creating an original visual element is just the first step in building a sustainable brand. Without proper legal protection, your investment in branding remains vulnerable to copying and unauthorized use by competitors. In this practical guide, I explain exactly how to transform a graphic mark into a legally protected commercial asset in Romania and the EU.

How do I become the legal owner of a logo created by a designer?

You become the legal owner of a logo only if you sign an explicit copyright assignment contract with the designer or agency. Simply paying an invoice for creare logo services grants you only a license to use it, not exclusive intellectual property ownership. The contract must clearly state which economic rights are transferred (reproduction, distribution, modification), for what territory, for what duration, and whether the transfer is exclusive.

Without this document, the designer retains economic copyright, even if you paid for the design execution. In my practice, every completed project automatically includes a full, unlimited copyright transfer contract so that the client gains total control over their vector files and visual assets.

What is the difference between copyright and trademark registration at OSIM?

Copyright protects the artistic creation from the moment it is created, while a trademark registered at OSIM gives you commercial exclusivity in specific business categories. Copyright arises automatically with no administrative fees, but it is harder to prove in court without clear evidence of the creation date.

A trademark registered with OSIM provides an official title of industrial property. Once registered, the ® symbol alerts competitors that you hold a monopoly on that name and graphic in the selected Nice classes. For comprehensive identitate vizuală services, I always recommend combining both protection forms: copyright assignment from author to business, followed immediately by trademark filing with OSIM.

How much does it cost to register a logo as a trademark in Romania?

Registering a logo with OSIM costs on average between 1,500 and 2,500 RON in official fees, depending on the number of Nice classes selected and the trademark type. Fixed standard costs include:

• Application filing fee: approximately 120 RON.
• Substantive examination fee: between 500 and 1,200 RON (varies based on trademark type and classes).
• Registration certificate issuance fee: around 250 RON.

Additional legal fees apply if you hire an IP attorney to handle the filing. If you register the logo for a single product or service class, the cost remains low. Each additional class added increases the examination fee by approximately 150–200 RON.

What checks must I perform before submitting a trademark application?

You must conduct a trademark search in the OSIM and EUIPO databases to ensure your logo or name hasn't already been registered by someone else. If you apply for a graphic similar to an existing trademark in the same field, the previous owner can file an opposition, causing you to lose your application fees without receiving a certificate.

Searches are conducted online via EUIPO's eSearch Plus and the OSIM national registry. You must check both phonetic matches for the brand name and visual similarities of the emblem. When working with professional design grafic services, the designer delivers original concepts, but formal IP searching remains the crucial filter before investing in printing and marketing.

How do you protect a logo across the entire European Union?

You protect your logo EU-wide by registering an EU trademark with the European Union Intellectual Property Office (EUIPO). A single online application grants unified legal protection across all 27 EU member states.

The base fee at EUIPO is €850 for one Nice class, €50 for the second class, and €150 for each additional class beyond two. The process takes an average of 3 to 5 months if no oppositions are raised. Regional protection through EUIPO is significantly more cost-effective than filing individual national applications in multiple European countries if you plan to expand internationally or operate an e-commerce platform.

Which logo elements can be legally protected and which cannot?

Intellectual property law allows the protection of specific, original combinations of design elements, but does not grant a monopoly over basic shapes or descriptive terms. Elements are categorized as follows:

• Protectable: Unique graphic symbols, custom typeface styling (custom lettering), specific color combinations in a fixed arrangement, and associated taglines.
• Non-protectable: Simple geometric shapes (unmodified circles or squares), generic or descriptive terms for your industry, and primary colors in isolation.

The more distinctive and abstract your mark is, the higher the chance of OSIM approval and the stronger your legal position against infringers in court.

What steps should you take if a competitor copies your logo?

The first step is gathering evidence (dated screenshots, printed collateral, web URLs) and issuing a formal cease-and-desist letter. If your logo is registered as a trademark with OSIM or EUIPO, your exclusive ownership is legally presumed, simplifying enforcement.

In the letter, set a firm deadline (usually 5–10 business days) to remove infringing materials from the market or from their site de prezentare. If the offending party fails to comply, you can file an infringement lawsuit to stop usage and claim damages for brand injury and financial losses.

How long does legal trademark protection last?

A trademark registration with OSIM or EUIPO is valid for 10 years from the filing date. Unlike patents, trademark protection can be renewed indefinitely every 10 years upon paying the required renewal fees.

To maintain validity, you are required to genuinely use the trademark in commerce within the first 5 years of registration. If a trademark goes unused continuously for 5 years in connection with the protected goods or services, third parties can request its revocation. You must also monitor the market to oppose conflicting new applications.

What's Next?

If you are preparing to launch a new brand or secure an existing visual identity, you need original graphic concepts designed for seamless legal registration. Explore my work in the portofoliu section or reach out directly through the contact page to discuss creating a unique logo delivered with a full copyright assignment contract.