ARTICLE
14 December 2023

Crunching Into Intellectual Property: Biscuits As Trade Mark?

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Inventa

Contributor

Inventa is a leading Intellectual Property Law Firm, specialized in the protection and internationalization of trademarks, patents, industrial designs, copyright and domain names. With over 50 years of experience in Portugal, the European Union and all the African jurisdictions, Inventa has served thousands of clients holding large trademark and patent portfolios, and other entities dealing with R&D daily.

Our headquarters are based in Lisbon, Portugal, and we also have offices in Angola, Mozambique, Democratic Republic of Congo, Nigeria, Cape Verde, Sao Tome, East Timor and Macao. Inventa also holds a large network of representatives all across the African region, including representation before the ARIPO and OAPI regional organizations, committed to delivering global coverage with local experience.

Submitted by Grupo Bimbo, S.A.B. de C.V. in July 2022, the request for protection of a three-dimensional sign representing a biscuit was recently denied.
Portugal Intellectual Property

Submitted by Grupo Bimbo, S.A.B. de C.V. in July 2022, the request for protection of a three-dimensional sign representing a biscuit - a "flat, round biscuit, on the front of which 144 squares with their protuberances or reliefs are represented in parallel and equidistant, surrounded by a thicker border with 33 oval rings, creating, as a whole, a characteristic and distinctive shape" - was recently denied.

Vítor Palmela Fidalgo's analysis explores key aspects of the Lisbon Court of Appeals' examination of trademark protection for this case. It specifically addresses considerations related to distinctiveness, notoriety, aesthetic functionality, and substantial value, shedding light on uncertainties in the field of trademark law.

Read the full article on Global Legal Group.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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