The Supreme Administrative Court in its judgment of 29 June 2005, case file II GSK 92/05 ruled that the interpretation of articles 4 and 7 of the Act on Trademarks should be made in accordance with article 3(1)(e) of the First Directive 89/104. According to this article, signs which consist exclusively of the shape which results from the nature of the goods themselves shall not be registered or if registered shall be liable to be declared invalid.

This regulation should be interpreted in the manner that signs which consist exclusively of the shape of goods shall not be registered if it is proven that basic, functional features of such shape are assigned only to technical characteristics.

Categories: Directive 89/104/EEC | EU law | Polish Act on Industrial Property Law | Polish Act on Trade marks | Polish Supreme Administrative Court | Polish courts | Polish law | Voivodeship Administrative Court | non-traditional trade marks | trademark law.