Appeal against the Decision of the Committee of Challenges and Trademarks within the State Office for Inventions and Trademarks (OSIM). A comparative analysis from the visual, phonetic and conceptual point of view.

DREPT CIVIL ȘI DREPT PROCESUAL CIVIL

Abstract

In order to determine the distinctive nature of an element which composes a trademark, it is examined to which extent (larger or smaller) this element contributes to the identification of the products/services for which the respective trademark was registered, as coming from a determined enterprise and to distinguish, therefore, these products/services from those belonging to other enterprises. Within this assessment, the intrinsic qualities of the element are taken into account – from the perspective of the aspect whether it is devoid or not of any descriptive nature for the products/services for which the trademark is registered.