Acórdão nº 084254 de Supremo Tribunal de Justiça (Portugal), 25 de Novembro de 1993 (caso NULL)
Magistrado Responsável | SANTOS MONTEIRO |
Data da Resolução | 25 de Novembro de 1993 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV. DIR COM - MAR PATENTE / SOC COMERCIAIS. DIR ECON - DIR CONC.
Legislação Nacional: CPC67 ART206 N1 ART721 N1 ART722 N2. DL 42/89 DE 1989/02/03 ART2 N2 N4 N5 ART65 ART70 ART76.
Jurisprudência Nacional: AC STJ DE 1982/02/04 IN BMJ N314 PAG335.
Sumário : I - Só no despacho saneador pode conhecer-se oficiosamente do erro na forma do processo. II - O princípio da exclusividade das firmas e denominações exige que na sua composição só possam ser utilizadas marcas registadas a favor das pessoas colectivas a que essas firmas ou denominações respeitam. III - O n. 5 do artigo 2 do Decreto-Lei n. 42/89, de 3 de Fevereiro, proíbe a incorporação nas firmas ou denominações sociais de nomes de marcas pertencentes a outras pessoas colectivas ou a elas semelhantes, desde que essa semelhança possa induzir em erro sobre se se trata da mesma marca ou de marca diferente. IV - A imitação de marcas é uma...
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