Padoca Vegan Restaurant & Bakery is a registered trademark at the National Institute of Industrial Property (INPI).

"Padoca Vegan Restaurant & Bakery"; the blue logo with polygons containing other inscriptions and tiles; other images and insignia are protected by the registration of NACIONAL MARCA Nº 652399.

We are a family owned and operated business.

INPI is governed by its Organic Law and its Statutes (Portª 386/2012 of 29 November, amended by Port nº 326/2019 of 23 September).

We are a family owned and operated business.

INDUSTRIAL PROPERTY CODE:

Diário da República no. 54/2003, Series IA of 2003-03-05

Repealed

Chapter II

Criminal and administrative offenses

Section I

General provision

Article 320

Subsidiary law

The rules of Decree-Law no. 28/84, of 20 January, apply on a subsidiary basis, namely with regard to the criminal and administrative offense of legal persons and responsibility for acting on behalf of others, whenever the opposite is the case. does not result from the provisions of this Code.

Section II

Criminal offenses

Article 321

Infringement of the exclusive patent, utility model or topography of semiconductor products

A penalty of imprisonment of up to 3 years or a fine of up to 360 days is punished if, without the consent of the right holder:

a) Manufacture the artifacts or products that are the subject of the patent, utility model or topography of semiconductor products;

b) Employ or apply the means or processes that are the subject of the patent, the utility model or the topography of semiconductor products;

c) Import or distribute products obtained by any of the aforementioned methods.

We are a family owned and operated business.

Article 322

Infringement of exclusive design rights

A penalty of imprisonment of up to 3 years or a fine of up to 360 days is punished if, without the consent of the right holder:

a) Reproduce or imitate, totally or in any of its characteristic parts, a registered design;

b) Explore a registered design, but belonging to someone else;

c) Import or distribute designs obtained by any of the methods mentioned in the previous paragraphs.

We are a family owned and operated business.

Article 323

Counterfeiting, imitation and illegal use of trademarks

A penalty of imprisonment of up to three years or a fine of up to 360 days is punished if, without the consent of the right holder:

a) Counterfeit, totally or partially, or, by any means, reproduce a registered trademark;

b) Imitate, in whole or in any of its characteristic parts, a registered trademark;

c) Use counterfeit or imitated marks;

d) Use, counterfeit or imitate notorious marks whose registration has already been requested in Portugal;

e) Use, even in products or services without identity or affinity, marks that constitute translation or are the same or similar to previous marks whose registration has been requested and which enjoy a prestige in Portugal, or in the European Community if they are community, whenever the use of the later mark seeks, without just reason, to take undue advantage of the distinctive character or prestige of the previous ones or to harm them;

f) Use, in their products, services, establishment or company, a registered trademark belonging to another person.

We are a family owned and operated business.

Article 324

Sale, circulation or concealment of products or articles

Anyone who sells, puts into circulation or hides counterfeit products, in any of the ways and under the conditions referred to in Articles 321 to 323, is punished with a prison sentence of up to 1 year or a fine of up to 120 days, with knowledge of this situation .

We are a family owned and operated business.

Article 325

Violation and illegal use of appellations of origin or geographical indication

A penalty of imprisonment of up to 3 years or a fine of up to 360 days is punished if:

a) Reproduce or imitate, totally or partially, a designation of origin or a registered geographical indication;

b) Not having the right to use a designation of origin, or a geographical indication, use signs that represent reproduction, imitation or translation of the same in their products, even if the true origin of the products is indicated or the designation or indication is accompanied by expressions such as «Gender», «Type», «Quality», «Way», «Imitation», «Rival de», «Superior a» or similar.

We are a family owned and operated business.

Article 326

Patents, utility models and design registers obtained in bad faith

1 - A penalty of imprisonment of up to 1 year or a fine of up to 120 days is punishable by anyone who, in bad faith, obtains a patent, a utility model or a design registration that is not legitimately owned by him, under the terms of Articles 58, 59, 121, 122, 156, 157, 181 and 182

2 - In the condemnatory decision, the court unofficially annuls the patent, the utility model or the registration or, at the request of the interested party, will transmit them in favor of the inventor or the creator.

3 - The request for transfer of the patent, utility model or registration, referred to in the previous number, may be brought in court, regardless of the criminal procedure to which this crime gives rise.

Article 327

Record obtained or maintained with abuse of rights

Any person who requests, obtains or maintains in force, in his name or in the name of a third party, a trademark, name, insignia or logo registration constituting a reproduction or imitation of a trademark or trade name belonging to a national of any country of the Union, regardless of whether, in our country, it enjoys the priority established in article 12, with the proven purpose of constraining that person to a patrimonial disposition that causes him / her a loss or to obtain an illegitimate economic advantage from it.

We are a family owned and operated business.

Article 328

Registration of a non-existent act or performed with concealment of the truth

A penalty of imprisonment of up to 3 years or a fine of up to 360 days is punished by anyone who, regardless of the violation of the rights of third parties, registers a legally non-existent act or with a manifest concealment of the truth.

We are a family owned and operated business.

Article 329

Complaint

The procedure for crimes provided for in this Code depends on a complaint.

We are a family owned and operated business.

Article 330

Destinations of seized objects

1 - The objects in which a crime under this Code appears, as well as the materials or instruments that have been predominantly used for the practice of that crime, are declared lost in favor of the State, unless the offended right holder gives his express consent for such objects to be introduced back into the commercial circuits or for them to be given another purpose.

2 - The objects declared lost referred to in the previous number are totally or partially destroyed whenever, namely, it is not possible to eliminate part of them or the distinctive sign affixed to it that constitutes a violation of the law.

Section III

Administrative offenses

Article 331

Unfair competition

It is punished with a fine of (euro) 3000 to (euro) 30000, in the case of a legal person, and of (euro) 750 to (euro) 7500, in the case of a natural person, who practices any of the acts of unfair competition defined in Articles 317 and 318

We are a family owned and operated business.

Article 332

Illegal invocation or use of reward

It is punished with a fine of (euro) 3000 to (euro) 30000, in the case of a legal person, and (euro) 750 to (euro) 7500, in the case of a natural person, who, without the consent of the right holder:

a) Invoking or mentioning a reward registered in the name of another;

b) Use or, falsely, claim to have a reward that was not granted or that never existed;

c) Use drawings or any indications that imitate rewards to which you are not entitled in correspondence or advertising, on the signs, facades or shop windows of the establishment or in any other way.

We are a family owned and operated business.

Article 333

Infringement of name and emblem rights

It is punished with a fine of (euro) 3000 to (euro) 30000, in the case of a legal person, and (euro) 750 to (euro) 7500, in the case of a natural person, who, without the consent of the right holder, use in your establishment, in advertisements, correspondence, products or services or in any other way, a name or emblem that constitutes reproduction, or that is an imitation, of a name or emblem already registered by someone else.

We are a family owned and operated business.

Article 334

Violation of the logo exclusive

It is punished with a fine of (euro) 3000 to (euro) 30 000, in the case of a legal person, and (euro) 750 to (euro) 3740, in the case of a natural person, who, without the consent of the right holder , use in your establishment or in your organization, in advertisements, correspondence, products, services or in any other way, a sign that constitutes reproduction or that is an imitation of a logo already registered by someone else.

View all changes

Amended by Article 1 of Decree-Law No. 143/2008 - Diário da República No. 143/2008, Series I of 2008-07-25, effective from 2008-10-01

We are a family owned and operated business.

Article 335

Preparatory acts

It is punished with a fine of (euro) 3000 to (euro) 30000, in the case of a legal person, and (euro) 750 to (euro) 7500, in the case of a natural person, who, without the consent of the right holder and with the intention of preparing the execution of the acts referred to in articles 321 to 327 of this Code, manufacturing, importing, acquiring or keeping for yourself, or for others constitutive signs of brands, names, insignias, logos, designations of origin or indications registered geographical areas.

We are a family owned and operated business.

Article 336

Use of illicit trademarks

1 - 1 - A fine of (euro) 3000 to (euro) 30 000 is punished, in the case of a legal person, and (euro) 750 to (euro) 3740, in the case of a natural person, who to use, as unregistered distinctive signs, any of the signs indicated in paragraphs a) and b) of paragraph 4 and in paragraph 6 of article 238, as well as in paragraph d) of paragraph 1 of article 239.

2 - Products or articles with the marks prohibited under the terms of the previous number may be seized and declared lost in favor of the State, at the request of the Public Ministry.

View all changes

Amended by Article 1 of Decree-Law No. 143/2008 - Diário da República No. 143/2008, Series I of 2008-07-25, effective from 2008-10-01

We are a family owned and operated business.

Article 337

Misuse of name, insignia or logo

It is punished with a fine of (euro) 3000 to (euro) 30 000, in the case of a legal person, and (euro) 750 to (euro) 3740, in the case of a natural person, who, illegitimately, use in the name or in the insignia of your establishment, or in the logo, registered or not, the company name or company name that does not belong to the applicant, or only a characteristic part of them, if it is likely to mislead the consumer, unless proven consent or the legitimacy of its use.

View all changes

Amended by Article 1 of Decree-Law No. 143/2008 - Diário da República No. 143/2008, Series I of 2008-07-25, effective from 2008-10-01

We are a family owned and operated business.

Article 338

Invocation or misuse of private rights

A fine of (euro) 3000 to (euro) 30000, in the case of a legal person, and (euro) 750 to (euro) 7500, in the case of a natural person, are those who:

a) If he presents himself as the holder of an industrial property right provided for in this diploma without belonging to him or when it has been declared null or void;

b) Improperly use or apply the patent, utility model or registration indications authorized only to the holders of the respective rights;

c) (Repealed).

We are a family owned and operated business.

View all changes

Amended by Article 14 of Decree-Law No. 143/2008 - Diário da República No. 143/2008, Series I of 2008-07-25, effective from 2008-10-01