Acórdão nº 083737 de Supremo Tribunal Administrativo (Portugal), 29 de Setembro de 1993 (caso None)
| Magistrado Responsável | SAMPAIO DA SILVA |
| Data da Resolução | 29 de Setembro de 1993 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR COM - MAR PATENT.
Legislação Nacional: CPI40 ART74 ART75 ART76 ART79 ART90 ART93 N6 N12 ART94 ART187 N4 ART212 N1. DL 176/80 DE 1980/05/30 ART7. DL 40/87 DE 1987/01/27. DL 27/84 DE 1984/01/18. L 1972 DE 1938/06/21 ART89 N1. CCIV66 ART349 ART351.
Sumário : I - Ainda que a lei parta do princípio da liberdade de constituição da marca como sinal distintivo de serviços ou produtos, ela restringe essa liberdade, para a generalidade dos casos, através de proibições e da exigência de requisitos. II - A circunstância de uma palavra integrar a denominação social e o nome do estabelecimento de uma sociedade, pode obstar a que essa palavra seja usada como marca, se não satisfizer os requisitos do artigo 93 do Código da Propriedade Industrial. III - A marca é um sinal ou um conjunto de sinais nominativos, figurativos, ou emblemáticos, que visa distinguir produtos ou serviços de outros...
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