Efeitos da Notoriedade em relação à distintividade marcária: secondary meaning e degeneração / The effects of notoriety in relation to the distinctiveness of trademarks: secondary meaning and genericism

AUTOR(ES)

Amanda Fonseca de Siervi

DATA DE PUBLICAÇÃO

2005

RESUMO

This essay is dedicated to the study of the effects of trademark high degree of knowledge and fame in relation to distinctiveness. In order to better examine the theme, this dissertation was divided into two parts. Part 1 deals with distinctiveness as a validity condition for registration and as the main function of trademarks. It also analyzes the signs that are considered by law as non-distinctive and therefore not able to be registered, as well as the trademarks rights acquisition system and its protection scope. In addition, the phenomenon of high degree of knowledge and fame acquired by famous and well-known marks will be studied. The famous and well-known signs have expanded protection due to their attraction power, which is higher than that of ordinary trademarks and also because they are more likely to be violated and diluted by counterfeiters. Part 2 is devoted to the analysis of the effects of trademark knowledge and fame that can make a sign either acquire or lose distinctiveness. High degree of knowledge and fame can make a non-distinctive sign acquire distinctiveness. This situation is known as secondary meaning, since the non-distinctive sign acquires trademark significance and as a result is able to perform the distinctive function that is essential to trademarks. Furthermore, the opposite phenomenon will be examined, through which a trademark may lose this condition due to its excessively high degree of knowledge and fame. This phenomenon is called genericism and is accomplished when a trademark is being used as the ordinary noun of the good that it was supposed to distinghish and consequently is not able to perform the distinctive function anymore.

ASSUNTO(S)

notoriedade distintividade secondary meaning secondary meaning dilution direito comercial degeneração direito comercial marca registrada marca distinctiveness notoriety diluição trademark genericism

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