Trade mark law, case II GSK 522/10

May 31st, 2011, Tomasz Rychlicki

The Supreme Administrative Court in its judgment of 31 May 2011 case file II GSK 522/10 held that the reputation of trade mark is a matter of fact and it is not enough to show that there is evidence that suggests that the sign could be known and recognized as attractive in Poland. It was necessary to examine and assess whether according to the methods developed by the doctrine and jurisprudence, the sign on the date it was applied for in Poland, was known and recognized as a reputed trade mark in this country.