Acórdão nº 069924 de Supremo Tribunal de Justiça (Portugal), 19 de Janeiro de 1982
Data | 19 Janeiro 1982 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: CORTE REAL IN CODIGO DA PROPRIEDADE INDUSTRIAL 4ED PAG154.
Área Temática: DIR COM - MAR PATENT. DIR PROC CIV.
Legislação Nacional: CPI40 ART77 ART86 ART88 ART89 ART90 ART95 ART121 ART175 ART205 ART206 ART207 ART238 PAR1 PAR2. CPC67 ART196 ART201 N1 ART228 ART253 ART255 ART500 ART672.
Jurisprudência Nacional: AC STJ DE 1962/03/09 IN BMJ N115 PAG531.
Sumário : I - No processo administrativo para a concessão do registo de marca, a notificação das partes faz-se atraves das publicações no Boletim da Propriedade Industrial, prescritas na lei (conforme nomeadamente os artigos 89 177, 205 e 238 do Codigo da Propriedade Industrial). II - O despacho judicial que admite recurso contra o despacho que concedeu o registo da marca deve ser notificado a parte contraria, isto e, aquela contra a qual foi deduzida reclamação no processo administrativo, em harmonia com o disposto nos artigos 253 e 255 do Codigo de Processo Civil. III - Tendo o juiz da causa proferido despacho no sentido de não haver lugar aquela notificação, por a referida parte não ter juntado procuração, e não tendo havido impugnação do decidido nem pelos interessados, nem pelo Ministerio Publico, constitui-se...
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