La distintividad sobrevenida de las marcas tridimensionales
ISSN: 1888-3214
Year of publication: 2009
Issue: 2
Pages: 551-570
Type: Article
More publications in: Anuario de la Facultad de Derecho
Abstract
The paper refers to secondary meaning of tridimensional trademarks. Shape trademarks deserve an especial attention since the buyer is not used to separated the shape as a sign and the goods or their container as its corpus mechanicus. We have analyzed the legal dispositions concerning the trademark distinctiveness as well as some resolutions regarding to tridimensional trademarks. In the same way, we have indentified the main issues of the distinctiveness acquired through use and provided a study about recognition and appreciation of secondary meaning.