The court indicated under what circumstances trademark rights are not violated on a marketplace

In case No. A76-8857/2023, the Intellectual Property Court confirmed the conclusions of the appellate instance, acknowledging that even if the description of a product or instructions for use the same contain expressions similar to a competitor's trademark, this is insufficient to recognize a violation of its rights, as verbal elements can be used for informational purposes: product's features, properties or functions.

The court also took into account the fact that the defendant's product was marked with a different trademark, and for assessing similarity, the overall visual similarity is key, but it was not found.

• When offering a product for sale, it is recommended to ensure that the product's description does not include protected expressions, and if similar expressions are used, that they are exclusively informational and correspond to the product's properties.
• The best solution would be to register your own trademark.