George Mihai Irimescu*
The purpose of this article is to analyse the protection of nontraditional trademarks according to the Romanian and European legislation and practice.
Starting from the mere trademark definition, the registrability of each type of nontraditional trademark is assessed, taking into consideration the legal provisions and some of the most relevant decisions issued by the Romaninan PTO or at Europeean level.
The three main elements to be considered are the following: firstly, the existing legal provisions with respect to that certain type of trademark, making short reference to the provisions in force before the republication of the Romaian Trademarks Law.
A second point is that is analysed is the condition that a trademark should be rerpresented graphically, which represents a serious obstancle against the registration of certain nontraditional trademarks. Moreover, the changes brought by the new Trademarks Directive will bring a fresh perspective on this condition.
The distinctive character of the trademark is another point thoroughly examined in connenction to various tyeps of nontraditional trademarks.
Finally, short remarks with respect to the possible protection of nontraditional trademarks as unregistered trademarks are made.