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.).