Acórdão nº 086698 de Supremo Tribunal de Justiça (Portugal), 31 de Outubro de 1995 (caso NULL)
| Magistrado Responsável | PEREIRA DA GRAÇA |
| Data da Resolução | 31 de Outubro de 1995 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR COM. DIR REGIS NOT.
Legislação Nacional: CSC86 ART10 N5. CCOM888 ART27 ART162 N4. LSQ ART3 PAR5. DL 425/83 DE 1983/12/06 ART2 N2. DL 42/89 DE 1989/02/03 ART1 ART2 N1 ART8 N2 ART10.
Sumário : Segundo o princípio da novidade ou da exclusividade cada firma deve ser insusceptível de confusão com outras já registadas no mesmo âmbito de exclusividade, assim se evitando, v. g., erros na expedição de correspondência, eventualmente confidencial, prejuízos concorrenciais, o que pode acontecer, sobretudo entre comerciantes de actividades afins (artigo 10, n. 5 do C.S.C.). O critério distintivo deve assentar na apreciação do conjunto das denominações, sendo certo que a comparação haverá que ter em conta o elemento preponderante que pode ser importante, por ser o mais bem apreendido pelo eventual consumidor. As denominações não devem induzir em erro sobre a...
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