Considerações sobre a divisão existente entre as marcas de forma e os desenhos ou modelos

: confronto de regimes e cumulação de direitos

Abstract

The following work was elaborated as a thesis for the Masters of Law - Corporate Law program, of the Faculdade de Direito da Universidade Católica Portuguesa. We will reflect upon shape trademarks, and in particular, delimit them before the notion of industrial design. We will begin with an analysis of the trademark as one of the main rights of industrial property. Afterwards, we will characterize shape trademarks, with a heavy focus on the requirement of non-functionality. Subsequently we will go over the main elements of industrial designs. We will also do some consideration on the concept of trade dress. Lastly, we will undertake an evaluation of the key differences between shape trademarks and industrial designs as well as the possibility of them overlapping.

Date of Award	20 Nov 2025
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Tito Rendas (Supervisor)