Trade mark law, case XXII GWzt 5/10

March 17th, 2011, Tomasz Rychlicki

The Court for the Community Trade Marks and Community Designs (in Polish: Sąd Okręgowy w Warszawie Wydział XXII Sąd Wspólnotowych Znaków Towarowych i Wzorów Przemysłowych) in its judgment of 31 May 2010 case file XXII GWzt 5/10 ruled that when deciding whether a trade mark has a repute, the Court examines in detail the evidence offered with respect to the scope and level of commercial, sponsorship and promotional actions of the proprietor, used for building the reputation. The Court pays attention to the type of goods, their volume of sale, popularity among consumers, the size, frequency and regularity of sponsoring of various events attracting a large number of viewers, allowing it to decide that the trade mark meets the requirement of repute and thus should be known to a significant part of the public.