The Voivodeship Court in Warsaw in its judgment of 22 February 2006, case file VI SA/Wa 805/05 held that trade marks that are meant as signs for clothes (among other things for pants) resemble to each other to the extent that it may lead into the confusion of a consumer as regard to origin of goods in the regular course of trade, as defined in the article 9 sec. 1 pt 1 and pt 2 of the Act of 31 January 1985 on Trade marks, Journal of Laws (Dziennik Ustaw) No 5, item 17 with subsequent amendments.

Such situation happened because both trade marks include horizontal seams crossing down the pocket which in its shapes reasemble seagull’s (eagle) wings, and where such element is simultaneously predominant for both signs.

Categories: Art. 9(1)(i) TMA | distinctive character | Polish Act on Trade marks | Polish law | similarity of signs | trademark law | US law | Voivodeship Administrative Court.