ÎNREGISTRAREA FIRMEI (II).

The registration of business names with the Registry of Commerce depends on the name fulfilling three conditions: availability, distinctiveness and legality. Where and when each of these three conditions is assessed has enormous impact on the outcome of the registration efforts. Given that the system of a commercial registry needs to balance benefits of legal certainty and the requisites of efficiency, there needs to be a clear understanding of the procedural steps allowing for the registration of business names. This second part of the paper deals with the understanding of the conditions for the availability of the business name the registration of which is sought. This condition for registration has been interpreted differently by the courts as a result of a misunderstanding of the procedure for the registration of such business names and a new approach, more closely connected to the approach currently used in trademark law would be warranted. [ABSTRACT FROM AUTHOR]