The Supreme Administrative court in its judgment of 24 June 2008 case file II GSK 251/08 ruled that due to the fact that the trade mark MILKA that was invoked against the trade mark MIKLA R-148766 registered for goods in Classes 12 and 30, is a word trade mark, its use can manifest itself in a way that was chosen by the owner, which means that the holder may impose it on goods but not in any contradiction of the conditions afforded by the right of protection. The trade mark holder may, therefore, by marking the goods for which the sign received protection, to use a word trade mark by incorporating it in other registered trade mark, or to join it with the elements known and belonging to other sign.

Categories: Art. 8(1) TMA | Art. 9(1)(i) TMA | Polish Act on Trade marks | Polish Supreme Administrative Court | similarity of goods | similarity of signs | trade mark opposition | trade mark use | trademark law.