The concept of an overly broad trademark has not yet been expressly defined as such in either national case law or the literature. However, there have been instances where Romanian courts have touched upon the issue, with the Bucharest Court of Appeals holding, in one case, that where the products and services for which a trademark is registered are not expressly and exhaustively identified, the rights conferred are insufficiently clear and delimited, and thus, the enforcement of those rights can lead to an abuse or equivocal determination of the scope of those rights.

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Romania

  • Paul-George Buta

摘要

The concept of an overly broad trademark has not yet been expressly defined as such in either national case law or the literature. However, there have been instances where Romanian courts have touched upon the issue, with the Bucharest Court of Appeals holding, in one case, that where the products and services for which a trademark is registered are not expressly and exhaustively identified, the rights conferred are insufficiently clear and delimited, and thus, the enforcement of those rights can lead to an abuse or equivocal determination of the scope of those rights.