A notoriedade como requisito da qualificação de uma marca como de prestígio

Abstract

This dissertation focuses on the concept of reputation of trademarks with a reputation and on the attempt to define it. We will first address the issue of marks with reputation, seeking to clarify its legal concept and explaining the reasons why a trademark owner would want its trademark to achieve the status of reputation. We will then proceed to set out its ultramerceological protection under the regime of the Trademark Law. Then, we shall set out the requirements for the qualification of a trademark as having a reputation. We also discuss in greater detail the concept of reputation/prestige, as well as its relevant elements, which have been so controversial among the experts. The difficulty in defining the subject under analysis will be clarified throughout this dissertation by listing the different scholarly and jurisprudential trends that seek to define the concept, pointing out, in each of the existing quarrels, the position that we consider to be the most defensible. For this purpose, we will analyze the Portuguese legal system, against the background of EU law, merely making occasional incursions into the North American law and the law of other EU Member States.

Date of Award	21 Jul 2022
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Tito Rendas (Supervisor)