Trademarks

The stronger a trademark becomes, the more it risks sliding into generic use. Diogo Antunes examines this paradox at the heart of brand success, analyzing how Spanish and Portuguese courts address the tension between linguistic reality and legal protection, and why widespread use of ‘donut’ has not diminished the distinctiveness of the renowned Donuts marks.

The Maldives has adopted its first comprehensive trademark law, definitively replacing the informal system based on the publication of cautionary notices. Previously, trademark protection relied exclusively on publishing cautionary notices in local newspapers as public claims of ownership. Although these notices offered evidence in legal disputes, they did not constitute official registration. They were not subject to governmental examination and lacked clear procedures for opposition, renewal or dispute resolution.

Trademarks are central to commercial identity, which enables consumers to distinguish goods and services from others, while protecting the owner’s economic benefit and goodwill. In the Nigerian economy, the level of competition has increased over the years as a result of a significant increase in demand for goods and services.

Recognized as one of Nigeria’s leading intellectual property practitioners, Angela Adebayo Agbe-Davies, Managing Director at Inventa, has expanded access to IP education and services across West Africa. In this conversation, she reflects on her journey, the convictions that shaped her leadership, and the evolving role of women in the legal and corporate landscape.

The INTA Leadership Meeting once again brought together committee members from across the globe for its annual gathering, held this year from November 18 - 21 in Hollywood, Florida (USA). Over the course of the program, attendees immersed themselves in a range of skill-building experiences, from intensive bootcamps and hands-on workshops to dynamic “Leadership Lab” discussions focused on topics such as Artificial Intelligence within Intellectual Property (IP) industry, brand protection, and sustainability.

The Web Summit 2025 took place from November 10 to 13 in Lisbon, Portugal. João Batalha, Luís Caixinhas, Sara Fonseca, and Yasmin Sabra attended the event to network, exchange ideas, and explore a wide variety of innovative projects and startups, gaining valuable insights into developments across multiple industries.

In celebration of Nigeria’s 65th anniversary, The Guardian released a special edition highlighting remarkable contributions within the country.

Angela Adebayo-Agbe Davies, Regional Director at Inventa Nigeria, was recognized for her pivotal role in establishing Inventa the first international intellectual property firm in Nigeria positioning the company as a key player in the global IP space.

On 26 September 2025 the Court of Appeal of Tanzania handed down a pivotal judgment confirming that African Regional Intellectual Property Organization (ARIPO) trademark registrations designating mainland Tanzania are not enforceable.

In its decision, the Court held that the Banjul Protocol on Marks, which provides for the regional registration of trademarks under ARIPO, has not been ratified or incorporated into Tanzanian law through the Trade and Service Marks Act, Cap. 326. As a result, the Protocol has no legal force or effect in mainland Tanzania.

Portuguese courts have increasingly restricted the recognition of acquired distinctiveness for non-distinctive signs, diverging from the EU trademark framework. Vitor Palmela Fidalgo examines this, arguing that such limitations jeopardise legal coherence, consumer protection, and the fundamental function of trademarks as indicators of commercial origin within the internal market.