Trade mark law, case II GSK 247/06

August 11th, 2007, Tomasz Rychlicki

This is the continuation of a story described in “Trade mark law, case VI SA/Wa 1705/05“. This judgment concerned the figurative trade mark TERRAVITA R-142204. The Supreme Administrative Court in its judgment of 20 February 2007 case file II GSK 247/06 dismissed a cassation complaint brought by the K. Company.


The Court ruled that it cannot be assumed that in case of word-figurative signs, a word element of a such sign has a decisive character because it’s easy to remember and to communicate. While assessing the similarity of signs one has to take into the consideration a general impression which compared signs exert on the consumer. I’m still not so certain if this trade mark (trapezoid box/packaging for a bar of chocolate with characteristic rectangle “window” at the front which allows the consumer to see the texture of the chocolate) should be perceived as “trade dress” as it was discussed by the SCOTUS in its judgment in the case Two Pesos, Inc. v. Taco Cabana, Inc., 505 U.S. 763 (1992). Maybe it is a three-dimensional sign/trade mark (3D).