Trade Mark Laws of the World And Unfair Trade

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According to the provisions of the Portuguese law, priority in complying with the provisions of the statute regarding regis- tration is the test of title to a trade mark, and priority is deter- mined by the relative dates of filing applications to register. Ap- plication was filed on Sept. 7 for the registration of a trade mark in Portugal., Registration of the same mark was effected in Portugal by another through the International Bureau at Berne under date of Oct. 20 of the same year. The Por
...tuguese application was subsequently granted. It was held that the later registration took precedence, because of the priority in filing the application upon which it was granted.
The trade mark "Reka" has been held by a Portuguese court to be an infringement upon the trade mark "Eureka" for the same goods. The registration of the latter trade mark will pre- vent the subsequent registration of the former. Considering, the court says, that the average purchaser of the goods on which the mark is used is uneducated and has not the discernment to distinguish minutely between similar marks, the two words are likely to be confused, one with the other.


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