The Voivodeship Administrative Court in its judgment of 18 October 2008 case file VI SA/Wa 1208/08 held that it is unacceptable to grant a right of protection for a sign that identical or similar to other trade mark, if it results in a right, the scope of which at least partially overlap with the scope of protection right with an earlier priority.

The Court held also that the problem of homogenity of the goods is a preliminary issue, which is decided before the examination of similarity of the goods because the use even of identical marks for dissimilar goods does not lead to the risk of confusion as to the origin of goods. This case concerned word-figurative trade mark application UNI-GRUNT Z-295169 applied for by Atlas Sp. z o.o. and UNIGRUNT R-86202 trade mark owned by PPG DECO POLSKA Spółka z ograniczoną odpowiedzialnością.

Categories: Art. 132(2)(ii) IPL | homogenity of goods | likelihood of confusion | similarity of signs | trade mark examination | Voivodeship Administrative Court.