Înregistrarea firmei (I)
Society registration (I)

Summary/Abstract: According to Law no. 26/1990, concerning the Registry of Commerce, rights over a business name (or firm) are granted by registration of the business name with the Registry of Commerce. Being a right that is granted by registration and not by means uf usage, the right normally belongs to the first to file for its registration. This in turn leads to the need for an ex ante verification of the business name meeting the conditions for registration, as provided by law. This procedure, although not expressly detailed by the provisions of the law itself, is very important since legal certainty can only be achieved and maintained by the consitent and verifyable application of the rules prescribed for the acquisition of the right in a business name. The first part of this paper deals with the necessity of the reservation of the business name prior to the registration of the company and details the way in which the availability of the business name seeking registration is ascertained. The focus of this part is on the effects the check on the availability produces on the applicant in light of the meaning(s) we determine for the term (availability) and the interferences these meanings cause with other industrial property rights such as rights in trademarks and trade names.

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