Trade mark law, case II GSK 113/07

October 6th, 2007, Tomasz Rychlicki

The Supreme Administrative Court in its judgment of 20 September 2007 case file II GSK 113/07 held that the administration body can change its opinion on the content of the proper conclusion, which should be issued in a specific type of cases, but it must carefully justify such a change, especially when changing the view of decisions taken in relation to the same applicant.


The Court ruled that the case-law of the administration may therefore be subject to change, if the authority demonstrates in detail that there are reasonable grounds. This case concerned BROWN DD KING R-146742 trade mark owned by INTER SOUND Spółka z o.o. from Warszawa.