Acórdão nº 082929 de Supremo Tribunal de Justiça (Portugal), 01 de Fevereiro de 1994
Data | 01 Fevereiro 1994 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA. NEGADA A REVISTA.
Indicações Eventuais: J G PINTO COELHO LIÇÕES DE DIR COM VOLI PAG409 PAG380. F CORREIA LIÇÕES DE DIR COM VOLI PAG351 PAG353-354 PAG338-339. JUSTINO CRUZ Área Temática: DIR COM - MAR PATENT / REGISTOS. DIR PROC CIV - RECURSOS.
Legislação Nacional: CPI40 ART1 ART74 ART85 ART94 PARÚNICO ART95 PARÚNICO ART122 ART123 PAR2 ART187 N4 ART212 ART213 ART226 ART227 ART228 ART229 ART280 ART285. CPC67 ART137 ART722 N2 ART729 N2.
Jurisprudência Nacional: AC STJ PROC84254 DE 1993/11/25. AC STJ DE 1958/01/07 IN BMJ N73 PAG636.
Sumário : I - O registo de marcas pode ser recusado no caso de se reconhecer que o requerente pretende fazer concorrência desleal ou que esta é possivel independentemente da sua intenção - artigo 187, n. 4 do Código da Propriedade Industrial. II - O conceito jurídico de imitação de marca pressupõe a existência de semelhanças entre as duas marcas (matéria de facto), sendo essa semelhança qualificada de tal maneira que possa induzir facilmente o consumidor normal a comfundi-las, ou a não poder distingui-las senão depois de exame atento ou confronto (matéria de direito). III - Para que o Supremo Tribunal de Justiça se possa...
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