Andreea Livădariu*

Abstract

Often invoked together, the absolute grounds for refusal to register an European Union trade mark, provided by article 7 (1) b) and c) of the Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark are the most common not only in the General Court`s case-law, but also in the Romanian courts` case-law. The purpose of this article is to offer a practical perspective on the criteria for examining the trade marks, when the lack of distinctiveness and the descriptiveness are invoked. Therefore, we will examine the recent case-law of the General Court regarding trademarks in relation to criteria such as the relevant public (as regard the products and services concerned and the territory where the verbal elements of the trade mark might be understood), the level of attention of the relevant public, the overall impression produced by the trade mark, the direct relationship or link with the goods or services concerned.