ZDOLNOŚĆ ODRÓŻNIANIA A ZDOLNOŚĆ ODRÓŻNIAJĄCA ZNAKU TOWAROWEGO W ŚWIETLE PRAWA POLSKIEGO I EUROPEJSKIEGO
DISTINCTIVE CHARACTER OF TRADE MARK IN POLISH AND EUROPEAN UNION LAW

Summary/Abstract: This article is concentrated on issue of distinctive character of trademark pursuant to Polish and European Union law. It contains comprehensive description of trademark’s characteristic criteria, in particular a sensorial perception, uniformity of a sign, a requirement of independence and a graphical presentation. In addition it includes characteristic of non distinctive, descriptive and free trade marks. Moreover, in the article the author has made a distinction between primary and secondary distinctive character of trade mark and has indicated its similarities and differences in Polish and European Union trade mark law. The main part of article is focused on depth analysis of two doctrinal concepts of distinctive character of trademark. The author has indicated two models of their examination: the so-called exclusion model and resulting model in order to make a definitive conclusion of their distinctiveness.

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