THE NICE CLASSIFICATION – EVOLUTION AND INTERPRETATION
In the attributive system, an important element of the trademark registration procedure is the designation by the applicant of the goods and services for which it wishes its trademark to be protected. If in the declarative system the extent of trademark protection is given by the goods and / or serv...
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| Format: | Article |
| Language: | English |
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Nicolae Titulescu University Publishing House
2021-05-01
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| Series: | Challenges of the Knowledge Society |
| Subjects: | |
| Online Access: | http://cks.univnt.ro/download/cks_2021_articles%252F4_intellectual_property_law%252FCKS_2021_INTELLECTUAL_PROPERTY_LAW_004.pdf |
| _version_ | 1826907952384049152 |
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| author | George-Mihai IRIMESCU |
| author_facet | George-Mihai IRIMESCU |
| author_sort | George-Mihai IRIMESCU |
| collection | DOAJ |
| description | In the attributive system, an important element of the trademark registration procedure is the designation by the applicant of the goods and services for which it wishes its trademark to be protected. If in the declarative system the extent of trademark protection is given by the goods and / or services for which the trademark is actually used, therefore by an element of fact, in the attributive system the extent of protection is dictated by the applicant's expression of will, by choice, when filing a trademark application. As such, one of the main criticisms of this trademark protection system was that applicants may abuse the registration procedure in order to obtain protection for a wider range of products and / or services than those for which the trademark is, in fact, used. In this context, the Nice Classification is an essential tool accepted and used in most countries of the world for the designation of goods and services. Its wide spread use is determined, at a practical level, by the need for unitary cross-border protection of rights. At a legislative level, it was mainly imposed through international agreements. However, we will see below that European case law has sought to reduce the shortcomings of the attributive protection system, where the use of the Nice Classification is of essence, by encouraging trademark owners to seek protection for specific products and services, in full congruence with the use of those marks on the market. |
| first_indexed | 2024-12-21T14:28:58Z |
| format | Article |
| id | doaj.art-77a30615fe68423891e533d960213370 |
| institution | Directory Open Access Journal |
| issn | 2068-7796 |
| language | English |
| last_indexed | 2025-02-17T09:14:45Z |
| publishDate | 2021-05-01 |
| publisher | Nicolae Titulescu University Publishing House |
| record_format | Article |
| series | Challenges of the Knowledge Society |
| spelling | doaj.art-77a30615fe68423891e533d9602133702025-01-02T14:34:19ZengNicolae Titulescu University Publishing HouseChallenges of the Knowledge Society2068-77962021-05-01141738747THE NICE CLASSIFICATION – EVOLUTION AND INTERPRETATIONGeorge-Mihai IRIMESCU0PhD Candidate, Faculty of Law, ”Nicolae Titulescu” University of Bucharest (e-mail: georgemihai.irimescu@gmail.com)In the attributive system, an important element of the trademark registration procedure is the designation by the applicant of the goods and services for which it wishes its trademark to be protected. If in the declarative system the extent of trademark protection is given by the goods and / or services for which the trademark is actually used, therefore by an element of fact, in the attributive system the extent of protection is dictated by the applicant's expression of will, by choice, when filing a trademark application. As such, one of the main criticisms of this trademark protection system was that applicants may abuse the registration procedure in order to obtain protection for a wider range of products and / or services than those for which the trademark is, in fact, used. In this context, the Nice Classification is an essential tool accepted and used in most countries of the world for the designation of goods and services. Its wide spread use is determined, at a practical level, by the need for unitary cross-border protection of rights. At a legislative level, it was mainly imposed through international agreements. However, we will see below that European case law has sought to reduce the shortcomings of the attributive protection system, where the use of the Nice Classification is of essence, by encouraging trademark owners to seek protection for specific products and services, in full congruence with the use of those marks on the market.http://cks.univnt.ro/download/cks_2021_articles%252F4_intellectual_property_law%252FCKS_2021_INTELLECTUAL_PROPERTY_LAW_004.pdfnice classificationattributive systemdeclarative systemip translatorskykick |
| spellingShingle | George-Mihai IRIMESCU THE NICE CLASSIFICATION – EVOLUTION AND INTERPRETATION Challenges of the Knowledge Society nice classification attributive system declarative system ip translator skykick |
| title | THE NICE CLASSIFICATION – EVOLUTION AND INTERPRETATION |
| title_full | THE NICE CLASSIFICATION – EVOLUTION AND INTERPRETATION |
| title_fullStr | THE NICE CLASSIFICATION – EVOLUTION AND INTERPRETATION |
| title_full_unstemmed | THE NICE CLASSIFICATION – EVOLUTION AND INTERPRETATION |
| title_short | THE NICE CLASSIFICATION – EVOLUTION AND INTERPRETATION |
| title_sort | nice classification evolution and interpretation |
| topic | nice classification attributive system declarative system ip translator skykick |
| url | http://cks.univnt.ro/download/cks_2021_articles%252F4_intellectual_property_law%252FCKS_2021_INTELLECTUAL_PROPERTY_LAW_004.pdf |
| work_keys_str_mv | AT georgemihaiirimescu theniceclassificationevolutionandinterpretation AT georgemihaiirimescu niceclassificationevolutionandinterpretation |