The Appellate Court in Wrocław in its judgment of 3 October 2007 case file I ACa 767/07, published in Lex no. 519252, held that reputable characters in comparison with other signs are characterized by stronger distinguishing ability that results from good information and notions of quality and prestige, provided by a sign to potential customers, facilitating the sale of goods bearing that trade mark.At the same time, such trade mark has a measurably market value and represents a significant, or even dominant component of the company’s assets. A reputed trade mark is protected even outside of its class or classes. Because, in such cases, advertising and qualitative functions of a trade mark are protected, and not the function of designation of origin of the product or service. The term of reputation refers both to the registered trade marks as well as well-known signs that are not registered.

Categories: Art. 132(2)(iii) IPL | Art. 296(2)(iii) IPL | famous trade marks | Polish Act on Industrial Property Law | Polish Appeallate Court | Polish courts | reputed trade marks | trade mark infringement | trademark law | well known trade marks.