Nicoleta Rodica Dominte*    

 

 

In this article, we will highlight the fact that the distinctiveness of the European Union trademark is a condition of registration validity, which must be fulfilled in each Member State. The „geographic representativeness” of the distinctive character of a trademark is laid down in European case law by judgments of the General Court and the Court of Justice of the European Union. However, the applicants or the proprietors of the registered trademarks are trying to circumvent this criterion by claiming that the distinctiveness of their mark is recognized by a substantial part of the general public without a specific appreciation in every Member State of the European Union.

* Lector univ. dr., Facultatea de Drept, Universitatea „Al. I. Cuza” Iaşi, E‑mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

 

 

 

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