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<p>On 16 June 2021, as a result of a cassation appeal, the Supreme Administrative Court (SAC) ruled that the reputation of a trademark is not determined by its qualitative aspects. This position should not come as a surprise, two decades after the judgment in the General Motors Corporation v. Yplon SA (Chevy) case. However, the justification of the SAC ruling indicates that in proceedings before the Patent Office of the Republic of Poland and Polish administrative courts, one cannot predict the exact interpretation these authorities will make. This article discusses the jurisprudence of the administrative courts in the field of the concept of trademarks with a reputation; it focuses on the quantitative and qualitative approach and refers to the scope of the binding of Polish courts by the interpretation of the law by the EU courts.</p>
</abstract>

On 16 June 2021, as a result of a cassation appeal, the Supreme Administrative Court (SAC) ruled that the reputation of a trademark is not determined by its qualitative aspects. This position should not come as a surprise, two decades after the judgment in the General Motors Corporation v. Yplon SA (Chevy) case. However, the justification of the SAC ruling indicates that in proceedings before the Patent Office of the Republic of Poland and Polish administrative courts, one cannot predict the exact interpretation these authorities will make. This article discusses the jurisprudence of the administrative courts in the field of the concept of trademarks with a reputation; it focuses on the quantitative and qualitative approach and refers to the scope of the binding of Polish courts by the interpretation of the law by the EU courts.

The Qualification of a Trademark as a Trademark with Reputation: Comments in the Light of the Polish Administrative Courts’ Case Law

Białostockie Studia Prawnicze

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

On 16 June 2021, as a result of a cassation appeal, the Supreme Administrative Court (SAC) ruled that the reputation of a trademark is not determined by its...

The Qualification of a Trademark as a Trademark with Reputation: Comments in the Light of the Polish Administrative Courts’ Case Law

Published Online: Apr 05, 2022

Page range: 117 - 129

Received: Nov 30, 2021

Accepted: Feb 28, 2022

DOI: https://doi.org/10.15290/bsp.2022.27.01.07

Keywords
administrative courts, ‘Chevy’ case, trademark with reputation

© 2022 Magdalena Rutkowska-Sowa, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

The Qualification of a Trademark as a Trademark with Reputation: Comments in the Light of the Polish Administrative Courts’ Case Law

Published Online: Apr 05, 2022

Page range: 117 - 129

Received: Nov 30, 2021

Accepted: Feb 28, 2022

DOI: https://doi.org/10.15290/bsp.2022.27.01.07

Keywordsadministrative courts, ‘Chevy’ case, trademark with reputation

© 2022 Magdalena Rutkowska-Sowa, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

Keywords
administrative courts, ‘Chevy’ case, trademark with reputation