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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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Lexicalisation without genericide: Spain’s ‘Donut’ ruling and the Portuguese approach
The stronger a trademark becomes, the more it risks sliding into generic use. Diogo Antunes examines this paradox at the heart of brand success, analyzing how Spanish and Portuguese courts address the tension between linguistic reality and legal protection, and why widespread use of ‘donut’ has not diminished the distinctiveness of the renowned Donuts marks.
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