Author(s) Rute Cardoso Ferreira da Silva
Advisor(s) Maria Miguel Carvalho
Year 2012

Synopsis In this study we intend to justify the autonomy of an important legal function of the trade mark with a reputation: the advertising function. As it is a disputed subject, let us beforehand analyse the legal protection of the trade mark in general, to understand in what measure does the trade mark with a reputation stands out from the remaining ones. Like this, we are able to analyse the legal status of that signal, out of the scope of the principle of speciality. We will end our dissertation with the analysis of the advertising function of the trade mark with a reputation, exceptionally as an autonomous legal function. Our focus will be mainly on the rights entitled to the holder of that signal and also the possibility to be part of a merchandising contract, since in our opinion those are decisive arguments to the position defended here.

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