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BMA | Portugal | 27 Sep 2021

IP Court refuses DOUGHNUTS AND COMPANY trademark due to risk of confusion and lack of distinctiveness

An application for the Portuguese trademark DOUGHNUTS AND COMPANY was opposed on the grounds of its similarity with two prior Portuguese trademarks. The opposition was successful and the Patent and Trademark Office refused the application on the grounds of likelihood of confusion. The decision was confirmed by the IP Court, but on slightly different grounds.
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BMA | 28 Jun 2021

Court finds VAR descriptive for services in Class 41

An opposition was filed against a Portuguese trademark application for the trademark and device VAR VIDEO ASSISTANT REFEREE based on the EU trademark and device VAR. The Patent and Trademark Office dismissed the opposition on the grounds that the trademark VAR lacked distinctiveness for services in Class 41. This decision has been confirmed by the IP Court, the Lisbon Court of Appeal and the......
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BMA | Portugal | 31 May 2021

Patent and Trademark Office refuses registration of PANDEMIA mark

In October 2020 the Patent and Trademark Office refused the registration of the mark PANDEMIA ('pandemic') for goods in Classes 32 and 33 on the grounds that the mark was contrary to accepted principles of morality. Following an appeal filed by the applicant, the Arbitration Centre for Industrial Property, Domain Names, Trade Names and Corporate Names confirmed the refusal.
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BMA | Portugal | 22 Jul 2019

Lisbon Court of Appeal finds that BELCANTO is a "trademark with a reputation"

The Lisbon Court of Appeal recently found that the trademark BELCANTO, used by the Belcanto restaurant in Lisbon, was a "trademark with a reputation" and another party's application to register the trademark to sell wines. The judgment shows that Portuguese case law is departing from the mere quantitative parameters of assessing the reputation of a trademark to focus on the relevance of a......
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BMA | European Union, Portugal | 15 Jul 2019

New Industrial Property Code enters into force

The new Industrial Property Code recently entered into force with a number of amendments resulting from the implementation of the EU Trademark Regulation. Most of the changes represent a real break with the previous legal framework. The main changes concern trademark registration, the scope of rights conferred by patents and limitations on the subject matter of utility models.
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BMA | Portugal | 3 Sep 2015

Arbitrator removed after repeated appointment in patent enforcement disputes

The Lisbon Court of Appeal recently ruled on a request to remove an arbitrator in proceedings between a patentee and the applicant for marketing authorisation for a generic medicine. The court decided that the arbitrator's repeated appointment by the same parties in disputes about the same active ingredient cast doubt on his independence and ordered his disqualification.
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BMA | Portugal | 23 Feb 2015

IP Court grants SPC for second medical use

The IP Court has granted a supplementary protection certificate (SPC) for a second medical use, despite the existence of a previous SPC for the same product and the same basic patent, and contradicting the practice of the Portuguese Patent Office. The decision illustrates the harmonisation of Portuguese jurisprudence with European Court of Justice jurisprudence on SPCs.
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