The Supreme Administrative Court in its judgment of 4 November 2010 case file II GSK 619/09 ruled that weak distinctive characteristics of trade marks at issue, obviously did not justify, the infringement of these rights. Nevertheless, the proprietor of the mark mark with weak distinctive characteristics, and this is due to the reduction in this sign to presence of informational elements, has to tolerate the existence of a competitive trade marks, containing similar elements that have informational nature. The limit of that tolerance is the similarity of opposing signs, if it could mislead the purchaser of the goods.

Categories: Art. 8(1) TMA | Art. 9(1)(i) TMA | Polish Act on Trade marks | Polish Supreme Administrative Court | trade mark examination | trade mark refusal | trademark law.