Cristiana Budileanu*

Abstract

One of the essential conditions for the registration of a trademark was until recently in most of the states, the graphic representation of the trademark or its graphic representability which supposed the possibility to render the trademark into a graphic representation. However, based on the fact that the national / international laws provided for the types of trademarks by way of example and not limitation, there were in practice situations of registered trademarks that did not meet the conditions of graphic representation, these being considered non-traditional trademarks. Following the changes at European Union level regarding both national and European Union trademarks, it can be noticed that the current trend is to consider the representation of the trademark in any appropriate form using the generally available technology, as long as the representation offers satisfactory guarantees to that effect. Also, even non-European Union countries have changed their legislation to allow the registration of non-traditional trademarks. The purpose of this article is to present the conditions under which non-traditional trademarks are allowed to be registered in terms of their representation, as well as to analyse the problems that arise as a result of the elimination of the requirement of graphic representation of the trademarks.

* Avocat în Baroul București, e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it..