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Portugal: Guidelines on the application of the Portuguese Industrial Property Code - II
As previously reported, on 27 May 2013, INPI published new guidelines on the application of the Portuguese Industrial Property Code.
We have now had the chance to read such document and it seems that the same does not contain any revolutionary thoughts. Nonetheless, we would like to point out two aspects:
- Following the Conclusions of Case C-307/10 and Communication No 2/12 of the President of the OHIM of 20/06/2012 concerning the use of class headings in lists of goods and services for Community trade mark applications and registrations, it is stated that, in respect of Portuguese Trade Marks, the applicant shall, whenever possible, refrain from using the class headings for the description of the covered products and services, except when the same are capapble of clearly and accurately indicate the products and services for which protection is sought;
- In the respect of well-known and prestigious trade marks, INPI considers itself competent to assess ex officio the notoriety and prestige of some signs which are particularly well known in the market.
Posted by: Pedro Malaquias @ 15.56Tags: Portugal, INPI, Industrial Property Code,
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