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Class 46 - for your European trade mark news
 

Now in its sixth year, Class 46  is dedicated to European trade mark law and practice.  This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.
 
  WEDNESDAY, 23 JUNE 2010
Poland: reputation's rating

The Voivodeship Administrative Court in Warsaw in its judgment of 8 April 2010, case file VI SA/Wa 2013/09, held that the reputation is not a simple consequence of circulation of a trade mark on the market. The renown trade mark is one that has its own reputation, and so in addition to its recognition it must be distinguished by additional characteristics, i.e. market share (in terms of both quantity and value of traded goods), the extent and continuity of advertising of the product marked with the sign, territorial and temporal scope of trade mark use, licenses granted for the use of the trade mark, the quality of the goods, the value of a trade mark in the assessment of independent financial institutions, the amount of expenditures incurred in connection with the promotion of trade mark, the relationship to the price of substitute goods, whether (and if so, to what extent) the mark was used by third parties.

Posted by: Tomasz Rychlicki @ 09.46 
Tags: reputation, renown, Voivodeship Administrative Court,

 

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Birgit Clark
Edith Van den Eede
Fidel Porcuna
Frédéric Glaize
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Markku Tuominen
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The Class 46 archive


+ 2013
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- 2010
     + December (50)
     + November (47)
     + October (40)
     + September (46)
     + August (30)
     + July (55)
     - June (40)
July ETMR now published
Spanish MATRATZEN still fends off figurative challenger
Breton flour: from peasant tradition to GI protection
Bundesgerichtshof: MIXI
Validity of 3D trade mark (Ω shape) discussed before French court
Is your Montenegrin mark an old Serbian one? If so ...
Estonian domain name registration gets "ee-sier"
Polish patent attorneys' professionalism
Poland: reputation's rating
Finnish trademark office changing its classification practice regarding “retail services” in class 35
The Bavaria Babes marketing stunt: an opinion
Size matters: a correlation between luxury products price and logo size
Spain - the Supreme Court rules on marks consisting of colours "per se".
KREMEZIN too close to KRENOSIN for pharma goods, rules General Court
Trade Mark of the week
Smoked sausages from Hungary get GI status
INTELLIGENT SENSOR: a borderline rejection
Name of a political coalition as a prior right
Poland: Polish Police' problems
Juve lose in French rematch
General Court socks applicant's appeal
Finland: new dispute about legendary "three stripes" trademark
Poland: Polish Post's problems
ZERO TOLERANCE SUMMER IN ITALY FOR BUYERS OF FAKE DESIGNER GOODS.
"Made in Italy", but is this law lawful?
Spressa delle Giudicarie gets a little fatter
Top ten trade mark representatives in Switzerland
Free Guide to GIs available online
Commerzbank ruling now in English
Greece - Issues of bad faith in a puzzling dispute decided by the Greek Council of State
Article on the "demise" of strong brands in Germany
Commission seeks comments on Ukraine GIs ahead of free trade agreement
Not the Olympics, but WIPO goes for Gold!
Spain - The Supreme Court deactivates an Italian torpedo.
Poland: reading comprehension
More GIs for the European Union
Frisdranken/Red Bull dispute is referred to ECJ
WIPO adds Israel to Madrid System
Chinese TM system crash course
Poland: sausages' secondary meaning
     + May (33)
     + April (42)
     + March (62)
     + February (44)
     + January (36)
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