The Appellate Court in Katowice in its judgment of 3 March 1999, case file I ACa 687/98, held that the knowledge of a sign among the potential buyers predetermines whether a trademark is well known. However, due to far-reaching specialization of production it cannot be excluded that this range of potential buyers will be limited to a closed group of specialist. Therefore, a well-known trade mark that is recognized by such a group, will not necessarily be known to the average purchaser/consumer, who does not participate in this specialist market.

Categories: case law | Polish Appeallate Court | trademark law | well known trade marks.