Wtórna zdolność odróżniająca znaku towarowego
Secondary meaning of trade mark

Summary/Abstract: This article concentrates on the issue of secondary meaning of trade mark in Polish and European Union law. Secondary meaning of trade mark is an acquisition by a sign of a distinctive character through use in average market conditions. Mark acquires that character when, as an effect of its current use, is recognized in trade as a designation of origin and identity of goods or services for which it has been reported. The article contains comprehensive description of secondary meaning of trade mark’s interpretation directives in particular actual use of trade mark, average market conditions, moment of acquisition of secondary meaning of trade mark. The in-depth analysis of secondary meaning of trade mark’s interpretation directives is based on recent judgments of Polish and European Union courts. Moreover in article the author has made a distinction between primary and secondary meaning of trade mark and indication of its similarities and differences in Polish and European Union trade mark law. The part of article is focused on analysis of two doctrinal concepts of distinctive character of trade mark. The author has indicated two models of their examination, namely exclusion model and resulting model in order to make a definitive conclusion of their distinctiveness.

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