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Inventa is a leading Intellectual Property law firm with over 50 years of experience, renowned for its ability to provide strategic guidance and support to a diverse range of clients.
Our expertise covers a wide range of jurisdictions, including Portugal, the European Union, and all African continent.
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When does a reputed trade mark benefit from protection beyond likelihood of confusion? Article 8(5) EUTMR grants extended protection, even where the goods or services are dissimilar, provided certain cumulative conditions are met, including the existence of a “link” between the signs.
In this article, João Pereira Cabral examines the meaning of that link, the criteria developed by EU case-law for its assessment, and its distinction from likelihood of confusion.
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