Respingerea la înregistrare a semnelor constituite exclusiv din forma sau din altă caracteristică a produselor care dă acestora valoare substanțială – un motiv absolut de refuz desuet?
Refusal to register signs consisting exclusively of the shape or other characteristic of the products which gives them substantial value – an absolute ground for refusal out of date?

Summary/Abstract: The exclusion from registration of signs consisting exclusively of the shape or other characteristic of the products that gives them substantial value represents an absolute ground for refusal to register a trademark that has raised a series of practical problems. The difficulties resulted, on the one hand, from the interpretation of the notion of substantial value, being unclear which shapes and goods are the subject of this legal provision. At the same time, there have been several interpretations regarding the public interest protected by means of this absolute ground for refusal, thus raising questions regarding the purpose with which it should be applied. As such, it was necessary for these uncertainties to be clarified by the case law on the matter. However, there have been criticisms from the doctrine regarding the way the offices and courts have interpreted the legal provisions in question, thus questioning the need to keep this absolute ground for refusal in European and national legislations. This article aims to address this question, without, however, searching to find a decisive answer regarding the solutions proposed by the doctrine to overcome the practical inconveniences arising from the exclusion from protection of the shapes of the products that give them substantial value.

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