Does Portuguese Case Law Conform To The EU Regime On Secondary Meaning?

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Portuguese courts have increasingly restricted the recognition of acquired distinctiveness for non-distinctive signs, diverging from the EU trademark framework.

European Union Intellectual Property

Vitor Palmela Fidalgo

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Portuguese courts have increasingly restricted the recognition of acquired distinctiveness for non-distinctive signs, diverging from the EU trademark framework. Vitor Palmela Fidalgo examines this, arguing that such limitations jeopardise legal coherence, consumer protection, and the fundamental function of trademarks as indicators of commercial origin within the internal market.

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Does Portuguese Case Law Conform To The EU Regime On Secondary Meaning?

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Intellectual Property

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Portugal