February 2025
The refusal to register signs consisting exclusively of the shape or other characteristic of the products that give them substantial value – an outdated absolute ground for refusal? is the theme of an extensive article recently authored by George Mihai Irimescu and hosted by the Romanian Journal of Intellectual Property Law.
The exclusion from registration of signs consisting exclusively of the shape or other characteristic of the products that gives them substantial value represents an absolute ground for refusal to register a trademark that has raised a series of practical problems.
The difficulties resulted, on the one hand, from the interpretation of the notion of substantial value, being unclear which shapes and goods are the subject of this legal provision. At the same time, there have been several interpretations regarding the public interest protected by means of this absolute ground for refusal, thus raising questions regarding the purpose with which it should be applied. As such, it was necessary for these uncertainties to be clarified by the case law on the matter.
However, there have been criticisms from the doctrine regarding the way the offices and courts have interpreted the legal provisions in question, thus questioning the need to keep this absolute ground for refusal in European and national legislations.
This article aims to address this question, without, however, searching to find a decisive answer regarding the solutions proposed by the doctrine to overcome the practical inconveniences arising from the exclusion from protection of the shapes of the products that give them substantial value.”, mentioned George.
The Romanian Journal of Intellectual Property Law (Revista române de dreptul proprietății intelectuale/ ) is published at the initiative of the Romanian Scientific Association of Intellectual Property Law (Asociația Științifice de Dreptul Proprietății Intelectuale) and of the ALAI ROMÂNIA Group, with the support of the „NICOLAE TITULESCU” București University and the „Universul Juridic” publishing group. The Journal including this article is accessible HERE.
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