I was so fascinated with the use of the law of prägnanz by the Polish court that I decided to look for something more. I was very surprised with my discovery.

On 24 October 2004, Diesel Company, seated in Molvena, Italy filed a notice of opposition to a final decision of the Patent Office on the grant of a right of protection to DSL R-148054 trade mark. According to Diesel S.p.A., DSL R-148054 trade mark was similar to DIESEL R-73457 and DIESEL IR-608499 trade marks. The Polish Patent Office in a decision of 9 January 2006, no. Sp.88/05, rejected the opposition. Diesel Company filed a complaint to the Voivodeship Administrative Court (VAC) in Warsaw. The VAC in judgment of 16 November 2006, case file VI SA/Wa 1074/06, said the following.

It should be noted that one can manipulate the external context, and by influencing the human experience, one can manipulate the internal context. The law of proximity states that elements close to each other compared with other, more distant elements form the figure. The law of similarity based on the law of proximity in relation to similar elements, indicates that human perception can give rise to a new separate figures, and a new association. Next, the law of closure indicates that the perceptual system adds the missing elements and closes the form of incomplete figures. It should be noted that the human being creates the perceived reality based on the interaction of knowledge that flows from the various branches and experience, with received stimuli. So it may be, in this case. Human knowledge derived from other branches of science may “complete” the lack in the designation and close this sign. Thus, the internal context may allow for the law of closure, i.e. for the full reading of the meaning of the word. In turn, the law of symmetry with the use of the simplicity of perception of an object can lead to the fact that elements close to each other, form a mild integrity and the independent shape.

In this case, the VAC correctly quoted its source. These are excerpts from A. Falkowski, T. Tyszka Psychologia zachowań konsumenckich, (in English: Psychology of Consumer Behavior), Gdańskie Wydawnictwo Pedagogiczne, pp. 24-26.

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