selection, translation and summary by Associate Professor Ciprian Raul Romiţan, PhD

• trademark,
• UDRP
• legitimate interest
• bad faith
• WIPO

Cristiana Budileanu*

In the case of conflicts between trademarks and domain names, the holder of the right with which the domain name is in conflict may choose
either to go through an extra-judicial procedure before the WIPO Arbitration and Mediation Centre or a judicial procedure before the courts. While the procedure in such a dispute is clear and does not involve major difficulties, the same is not true for a dispute between a geographical indication and a domain name. We will see in this article that if the extra-judicial procedure is chosen, it is necessary, in addition to compliance with the standard conditions imposed by the dispute resolution rules, to duplicate the geographical indication right with another type of industrial property right to win the case.

* Doctorand, Universitatea Nicolae Titulescu din Bucureşti, Facultatea de Drept; avocat în Baroul Bucureşti, (This email address is being protected from spambots. You need JavaScript enabled to view it.).

a review by Associate Professor Gheorghe Gheorghiu, PhD

• consumer
• absolute ground of refusal
• lawfulness
• public order
• indicative sign

Andreea Livădariu*

Abstract
The condition of lawfulness of a trademark has been transposed into four categories of trade marks which may be refused for registration on the
ground that they are unlawful, respectively: trade marks which are excluded for registration per se, trademarks excluded by international agreements, trademarks excluded because they infringe public policy and good morals and trade marks which are misleading. Given that the lawfullness of a trademark has a broad purpose, it protects consumers against misleading marks, it protects indicative signs by conferring a privileged status under specific legislation, but it also protects values enshrined in public policy and morals, I will examine this condition of protection of a trademark by structuring the reasons for refusal of registration according to the purpose pursued by the legislator.

* Avocat partener în cadrul SCPA Roş şi Asociaţii. Asist. univ. drd., Facultatea de Drept a Universităţii Nicolae Titulescu din Bucureşti (This email address is being protected from spambots. You need JavaScript enabled to view it.).