Nicoleta Rodica Dominte*

Abstract

On the 23th of March 2016, Regulation (UE) 2015/2424 amending the Community trademark regulation will enter into force. The mention of colours and sounds, as signs that can be registered, will enrich the enumeration from article 4 from Regulation (UE) 2015/2424. The compa-rative analysis of article 4 from Regulation (CE) 207/2009 with article 4 from Regulation (UE) 2015/2424 reveals that main novelty is the deletion of the adverb „graphically” from the criterion of trademark repre-sentation.

(Re)conceptualising the criterion of trademark representation is an important subject within the context of smell, taste and tactile trademarks and the new text of article 4, letter b) from Regulation (UE) 2015/2424. In this article, we study if the deletion of the adverb „graphically” from the criterion of trademark representation will increase the number of smell, taste and tactile trademarks. As an effect of the new text of article 4, letter b), various inventions will be used to describe clearly and precisely a non-traditional distinctive sign. However, we can identify different obstacles that will impoverish the figures of smell and taste trademarks. Also, we intend to determine if graphic representation will continue to subsist within the framework of article 4 from Regulation (UE) 2015/2424.

* Lector universitar, doctor în drept, Facultatea de drept-Universitatea „Alexandru Ioan Cuza” Iaşi, E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.