Archive for: Art. 151 IPL

Trade mark law, case I ACa 149/08

November 10th, 2011, Tomasz Rychlicki

The Appeallate Court in Kraków in its judgment of 18 March 2008 case file I ACa 149/08 ruled that the inclusion of the ® symbol can be done in order to inform that the trade mark is protected. There are no other rights associated with this sign that could strengthen the market position of the product bearing the trade mark. This symbol does not contain any information about the product itself, but is a clear signal for those entities wishing to undermine the right of protection for a trademark that in the event of such a breach, the holder shall have specific claims in relation to the infringer.