Types of trade mark’s distinctiveness
February 11th, 2008, Tomasz RychlickiThe distinctive character of a trademark may orginally arise from the nature of a mark or may later originate from the use of such mark on the market (acquired distinctiveness). A mark acquires the secondary meaning if it lacked the distinctive character before but during the use it became the source of information about the origin of a product. Such findings are presented in the judgment of The Supreme Administrative Court from 28 November 2007. Act signature. II GSK 236/07.