With respect to observation of the conduct of other business undertakings in the context of encroachment of exclusive trade mark rights a careful analysis is required not only of signs themselves that are potentially a source of dispute, but also of goods and services on which they are used. It turns out that in such a situation a well-thought-out approach to actions accompanying the actual registration of one’s trade mark can be very important.

The Polish Supreme Court addressed this issue in its most recent ruling (case no. I CSK 50/14), issued on the basis of Council Regulation (EC) No 207/2009 of 26 February 2009 on the community trade mark (text: Eur-Lex).

While analyzing the notion of likelihood of confusion the Polish Supreme Court has referred to the findings of the ECJ in the judgement of 12 June 2008 in O2 case, C-533/06.

The EU case law has been also referred to with respect to question of the correct the assessment method of the opposing sings including their visual, phonetic or conceptual aspects. See: ECJ judgment of 20 March 2003 in LTJ Diffusion case, C-291/00 (text: CURIA).