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22 July 2019
Lisbon Court of Appeal decision
On 23 May 2019 the Lisbon Court of Appeal found that Portuguese trademark 455669 BELCANTO, used by the chef José Avillez's famous Belcanto restaurant in Lisbon, was a "trademark with a reputation".
On 14 March 2016 the Portuguese trademark application 561896 BELCANTO was filed to cover wines in Class 33 of the Nice Classification. The application was granted by the Patent and Trademark Office (PTO).
The company Gonzalez, Garrido & Antela Lda, holder of the earlier Portuguese trademark registration 455669 BELCANTO, covering bar services, cafes and restaurants in Class 43, filed an appeal against the PTO's decision before the IP Court.
In its appeal, Gonzalez, Garrido & Antela claimed that the trademark 561896 BELCANTO imitated its prior mark given that the signs were identical and there was a similarity between the goods and services offered. Gonzalez, Garrido & Antela also sought to demonstrate that:
However, the IP Court decided not to revoke the PTO's decision and found that no similarity between the goods and services covered by both trademarks.
Gonzalez, Garrido & Antela appealed the decision to the Lisbon Court of Appeal.
On 23 May 2019 the Lisbon Court of Appeal delivered the following judgment:
The Lisbon Court of Appeal's judgment provides clarity on the similarity between goods and services within the legal framework of trademark imitation.
The judgment also shows that Portuguese case law is departing from the mere quantitative parameters of assessing the reputation of a trademark to focus on the relevance of a mark's national and international recognition, in this case the restaurant services associated with the BELCANTO trademark.
For further information on this topic please contact Paulo Monteverde at Baptista Monteverde & Associados by telephone (+351 213 806 530) or email (firstname.lastname@example.org). The Baptista Monteverde & Associados website can be accessed at www.bma.com.pt.
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