The Supreme Administrative Court in its judgement of 28 March 2002 case file II SA 2778/01 held that according to the established and settled case-law, all the issues with regard to the similarity of trade marks are resolved on the basis of the risk of confusion as to the origin of goods. And the risk of confusion as to the origin of goods consists of similarity of goods and similarity of signs. The Court ruled that the trade marks are compared and examined globally, with particular emphasis on its dominant and distinctive elements. This case concerned the trade mark “Królewska Para” R-115243.

Categories: Art. 9(1)(i) TMA | distinctive character | likelihood of confusion | Polish Supreme Administrative Court | similarity of goods | similarity of signs | trade mark examination.