Romania’s national Trademark Law contains provisions on the absolute grounds for refusing an application that is very similar to those in most European countries.
For example, an application for a mark should be refused if:
- The related sign is devoid of distinctive character, or
- It consists exclusively of signs that may serve in trade to designate the kind, quantity, quality, value or other characteristics of the goods or services, or
- The application consists exclusively of a sign or indication that has become commonplace in current language or in established practices, or
- The application consists exclusively of the shape of the goods or said shape is necessary to obtain a technical result or gives substantial value to the goods.
Romania’s patent office can ask the applicant to give a disclaimer for a part of the mark, if it is devoid of distinctive character. The disclaimer is published together with the application.
There is a growing number of applications for marks that tread a fine line between being distinctive and devoid of distinctive character, several of which have been published in the National Bulletin and have passed an examination on absolute grounds.
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Romania Trademark Law, trademark application