Made available in DSpace on 2016-04-26T20:23:55Z (GMT). No. of bitstreams: 1 Carlos Eduardo Neves de Carvalho.pdf: 1819884 bytes, checksum: 743f5d09de2989d46ea6b1219468c007 (MD5) Previous issue date: 2015-09-30 / This essay is dedicated to the study of two empiric phenomena resulting from the use of the mark in the consumer market: acquisition and loss of trademark distinctiveness. The first part is dedicated of the study of acquisition of trademark distinctiveness which could happen in two possibilities: secondary meaning and notoriety. First of all, is addressed the distinctiveness, as the main trademark function and its condition of validity for granting the trademark registration. In the first case, the acquisition of distinctiveness of a trademark occurs by the factual phenomenon known as secondary meaning, in which a descriptive sign, apparently not distinctive, through its prolonged use on the market, acquired a secondary meaning as a distinctive brand, being therefore susceptible for trademark registration. In the second type of acquired distinctiveness, a common trademark can become notorious, renowned and with high commercial prestige within the consumer market through the trademark owner´s advertising investments, which receives special trademark protection: well-known mark within its commercial activity branch, and famous mark, which receives legal protection in all classes of goods and services. The Second Part of this work is dedicated to the study of the loss of distinctiveness of a trademark which may occur in two situations: genericism and dilution. The first situation, genericism, is the factual phenomenon opposed to the secondary meaning, in which, the trademark owner's behavior to promote its brand, results into semantic synonymous and descriptive of the product or service marked by the renowned trademark. The second situation of the loss of trademark distinctiveness is called the dilution phenomenon, which can occurs in three situations: the improper use of a high-renowned trademark in different goods and services marked by the original brand (blurring), the harm to a high-renowned trademark reputation (tarnishment) and the disparagement of a high-renowned trademark in promotional campaigns made by competitors / A presente dissertação analisa dois fenômenos fáticos decorrentes da utilização de uma marca no mercado consumidor: a aquisição e a perda de distintividade marcária. A Primeira Parte dedica-se ao estudo da aquisição de distintividade marcária que pode acontecer em duas hipóteses: significado secundário e notoriedade. Primeiramente, é abordada a distintividade como principal função marcária e condição de validade para a concessão do registro marcário. Na primeira hipótese, a aquisição de distintividade de um sinal marcário ocorre pelo fenômeno fático conhecido como secondary meaning, na qual um sinal descritivo, aparentemente não distintivo, face ao uso prolongado no mercado, adquire uma significação secundária como marca distintiva no mercado consumidor, tornando-se passível para registro. Na segunda hipótese, um sinal marcário comum, face aos elevados investimentos publicitários do titular, torna-se tão conhecido dentro do mercado consumidor, que recebe proteção especial: marca notoriamente conhecida dentro de seu ramo de atividade comercial, e marca de alto renome que possui proteção legal em todas as classes de produtos e serviços. A Segunda Parte deste trabalho dedica-se ao estudo da perda de distintividade de uma marca, o que poderá ocorrer em duas hipóteses: degeneração e diluição. A primeira situação, que é o fenômeno fático oposto ao significado secundário, ocorre pela degeneração, na qual, face ao comportamento do titular, ao promover sua marca, esta se transforma em sinônimo semântico do produto ou serviço assinalado por ela. A segunda situação de perda de distintividade ocorre pelo fenômeno da diluição, que pode se dar em três possibilidades: uso indevido de uma marca de renome em bens diversos daqueles assinalados pela marca original (ofuscação ou turvação), ofensa à reputação da marca de renome (maculação), ou adulteração desta marca em campanhas promocionais feita pelos concorrentes (propaganda comparativa)

The research is based on the belief that the Earth's survival is reliant on an understanding of the interconnectedness between people and the planet. The premise that creative expression is an inherent need in human beings and a powerful agent for social change is at the core of this study. The arts permeate all aspects of life and can play a positive pro-active role in economic and social upliftment. The study therefore explored a contemporary public context in which artists intervene in society to provide practical and functional social spaces but also, with the ecological crisis of the planet, to create an awareness of the interconnectedness of life. Place-making was of specific concern and one of the aims was to examine ways of re-shaping the appearance and meaning of public spaces. An equally important issue was the role and responsibility of both the artist and the commissioning process in a social context and the relevance of individual expression as modes of addressing social concerns and as a tool of public empowerment within a new democratic South Africa that can have a genuine impact on community well-being and social inclusion. The research therefore exists in between the arts, social sciences and the ecology of place: that is, the understanding of the role of creative intervention within social spaces. The study provides a historical context and development of new trends in public and collaborative community arts, contextualises the notion of public and argues for a repositioning of assessment criteria for the arts within a social public domain and in the interest of the people. It is based on a critical survey of international collaborative arts and its potential as a guide to alternative solutions and implementation within a South African context for creative interventions and regeneration of public spaces and empowerment and capacity building of its citizens. The research discusses the relevance and the position of the arts and craft industry as a means of poverty alleviation, job creation and empowerment in South Africa. Rebuilding community demands both the rejuvenation of social spaces and the restoration of community esteem together with mutual and self-respect. / Art History, Visual Arts and Musicology / D. Litt. et Phil (Art History)

The research is based on the belief that the Earth's survival is reliant on an understanding of the interconnectedness between people and the planet. The premise that creative expression is an inherent need in human beings and a powerful agent for social change is at the core of this study. The arts permeate all aspects of life and can play a positive pro-active role in economic and social upliftment. The study therefore explored a contemporary public context in which artists intervene in society to provide practical and functional social spaces but also, with the ecological crisis of the planet, to create an awareness of the interconnectedness of life. Place-making was of specific concern and one of the aims was to examine ways of re-shaping the appearance and meaning of public spaces. An equally important issue was the role and responsibility of both the artist and the commissioning process in a social context and the relevance of individual expression as modes of addressing social concerns and as a tool of public empowerment within a new democratic South Africa that can have a genuine impact on community well-being and social inclusion. The research therefore exists in between the arts, social sciences and the ecology of place: that is, the understanding of the role of creative intervention within social spaces. The study provides a historical context and development of new trends in public and collaborative community arts, contextualises the notion of public and argues for a repositioning of assessment criteria for the arts within a social public domain and in the interest of the people. It is based on a critical survey of international collaborative arts and its potential as a guide to alternative solutions and implementation within a South African context for creative interventions and regeneration of public spaces and empowerment and capacity building of its citizens. The research discusses the relevance and the position of the arts and craft industry as a means of poverty alleviation, job creation and empowerment in South Africa. Rebuilding community demands both the rejuvenation of social spaces and the restoration of community esteem together with mutual and self-respect. / Art History, Visual Arts and Musicology / D. Litt. et Phil (Art History)