Protecţia ca mărci a operelor (sau ce se întâmplă atunci când mărcile „atacă” domeniul public)
Trademark protection of works (or what happens when trademarks „attack” the public domain)

Summary/Abstract: The works are creations of the spirit, springing from human creativity, and protected by copyright laws. Trademarks, on the other hand, are distinctive signs used in trade by their proprietors, and not only, to differentiate on the market goods or services which have different commercial origins. As such, what do the two have in common? A certain level of creativity in their creation, meant to serve two different purposes: in the case of works, creativity serves to meet the condition of originality, while in the case of trademarks it can serve – although not necessarily – to create a sign that differs from other signs already on the market. However, if in the case of originality, creativity is a quasi-indispensable element, distinctiveness is not always the fruit of a creative effort. But what happens when the element of creativity is present? Then we can find ourselves in a situation where works that are likely to be protected by copyright are also protected as trademarks. As such, this article will address some such specific situations.

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