The Supreme Court in its judgment of 10 December 1996, case file III RN 50/96 held that while assessing whether the sign has the distinctive character one should take into the account the economic interests of all market participants, which is characterized by free access to all signs that inform about name or characteristics of goods or services. The Court simply ruled that purely informational signs may not serve as trademarks. This case concerned 100 PANORAMICZNYCH R-102531 trade mark owned by TECHNOPOL Agencja Wydawnicza Sp. z o. o.

Categories: Art. 6quinquies Paris Convention | Art. 7(1) TMA | Art. 7(2) TMA | distinctive character | Paris Convention | Polish Act on Trade marks | Polish Supreme Court | telle quelle rule.