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.

Read the full article, published on managing IP.