This is the continuation of a story described in “Trade mark law, case VI SA/Wa 1124/10“. GRAAL S.A decided to file a cassation complaint.

The Supreme Administrative Court in its judgment of 9 May 2012 case file II GSK 413/11 dismissed it and ruled that both the views established in Polish case-law and legal doctrine emphasize the fact that not the differences between the signs, but the similarities are assessed, and ultimately, the strength of this similarity determines whether there is likelihood of confusion or association between the trade marks, at least, at the part of the public.

Categories: Art. 132(2)(ii) IPL | Polish Act on Industrial Property Law | Polish Supreme Administrative Court | similarity of goods | similarity of signs | trade mark examination | trademark law.