Conţinutul numărului revistei |
Articolul precedent |
Articolul urmator |
798 11 |
Ultima descărcare din IBN: 2024-03-14 16:22 |
Căutarea după subiecte similare conform CZU |
347.772 (98) |
Drept comercial. Dreptul societăţilor comerciale (1285) |
SM ISO690:2012 MUNTEANU, Svetlana. Principii de determinare a noţiunilor generice în materie de mărci. In: Intellectus, 2003, nr. 3, pp. 14-23. ISSN 1810-7079. |
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Intellectus | |||||
Numărul 3 / 2003 / ISSN 1810-7079 /ISSNe 1810-7087 | |||||
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CZU: 347.772 | |||||
Pag. 14-23 | |||||
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Rezumat | |||||
In the field of the trademarks the generic notions have a special character: they aren’t
generic in the vacuum but in relation with products or services with which they are used. The
term is generic when it defines a category or a type of goods or services. For the consumers
and the commerce it is important that nobody has an authorization to monopolize such a
term. A generic term can’t function as a mark being descriptive and in distinctive. The
denomination of product or service in itself is an antithesis of the mark, moreover, according
to the evident reasons a generic denomination can’t have a second sens to indicate the
appellation of origin of products or services. Law No 588/1995 on trademarks and appellations
of origin of products excludes signs or indications becoming generic or usual from the
protection and registration thereof as marks. The problem of ascertaining the fact that a
notion is generic is complicated and may appear both in the frame of examination of the sign
being applied for registration as a mark and after registration of a mark if it is requested the
withdrawal of registration owing to the loss of distinctivity.
Moreover this problem may appear in the procedure of the mark’s owner rights protection or
at the unfair completion that implies the aspects concerning the extent of protection.
The presented report reflects some essential features of the generic notions in matters of
marks, provisions of the different legislations on this matter, ways of preventing the degeneration
of marks (genericism), determining of the genericism, legal resuls thereof and, in
conclusion, the author formulates a set of principles for determining the generic notions in
the matter of marks. |
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