Da marca como identificadora do produto às novas proteções legais das marcas: uma análise das leis antidiluição

Abstract

This article aims to analyse the evolution of trademark law. We will start with the classic law of trademarks, stressing that its foundation is to associate the trademark (the sign) with a specific source or origin and ensure that it refers to a product. This foundation has been changing with the importance that companies attach to branding and with the horizontal expansion strategies (different products designated by the same brand) that they have developed. It will be in this context that the recent Antidilution Laws that have emerged in the United States and Europe will be analysed. It will be stressed that these laws are a novelty in the field of intellectual and industrial property since they legally protect the manifestations of desire linked to the possession of a specific brand.