Region: Poland

Nature of decisions on expiry of trademark rights clarified

The Supreme Administrative Court has held that the filing date of Société des Produits Nestlé SA's request for a declaration that the registration for the CHOKELLA mark had expired did not affect the date of expiry of the mark. In reaching its decision, the court clarified the nature of decisions issued by the Polish Patent Office with regard to the expiry of trademark rights.

22 April 2009

Protection of earlier CTMs in Poland reinforced

In <i>MPAY24 GmbH v MPAY SA</i>, the Warsaw Community Trademark Court has addressed for the first time the issue of the extension of protection to Poland of Community trademarks. Among other things, the court gave an interesting interpretation of Article 159(a)(5) of the Community Trademark Regulation.

09 March 2009

VOGUE mark partially invalidated

The Polish Patent Office has partially invalidated Advance Magazine Publishers Inc's registered trademark VOGUE for goods in Classes 18 and 25 of the Nice Classification (including clothing and shoes). Among other things, the office held that the publishing of a fashion magazine did not provide evidence of use of the mark for such goods.

13 November 2008

Supreme Court interprets Penal Code in counterfeiting case

The Criminal Law Chamber of the Polish Supreme Court has considered the interpretation of Articles 291 and 292 of the Penal Code. Among other things, the court held that the turnover of goods bearing counterfeit trademarks did not fall within the scope of Articles 291 and 292 of the code because such goods were not "property obtained by means of a prohibited act".

31 July 2008

'Rectified spirit' held to be descriptive of vodka

The Polish Supreme Administrative Court has held that SPIRYTUS REKTYFIKOWANY (Polish for 'rectified spirit') was not a fanciful mark, but merely a descriptive term informing the public of the production process of the goods. The case highlights the problems faced by Polish companies that were privatized after 1990 with regard to the management of their IP portfolios.

09 July 2008

Nice Classification must be used only as auxiliary tool

In an action for cancellation involving the trademark PRYMUS, the Warsaw District Administrative Court has held that the Nice Classification must be used only as an auxiliary tool to decide whether goods are similar. The decision is in accordance with Article 2(1) of the Nice Agreement.

07 July 2008

E-filing for trademark applications introduced

A new ordinance on the electronic filing and processing of applications for the registration of IP rights has come into force. Under the ordinance, all applications for the registration of inventions, medical products, plant protection products, utility models, industrial designs, trademarks, geographical indications and topographies of integrated circuits must be filed in electronic form.

30 June 2008

ALDO S and ALDI can coexist

The Litigation Department of the Polish Patent Office has dismissed Aldi Einkauf GmbH's action for the cancellation of the trademark ALDO S (and design). Among other things, the department held that the trademarks ALDO S and ALDI could coexist on the market as there was no risk of confusion among consumers.

23 April 2008

Bill will force courts to apply Madrid Agreement and Protocol

The Polish government has introduced a bill into Parliament seeking to transpose the provisions of the Madrid Agreement and Madrid Protocol into national law. The Polish Constitution provides that international agreements should be directly executed by all interested parties, but the administrative courts have not always followed this rule.

04 May 2007

Later trademark does not automatically infringe earlier company name

In <i>Trilux-Lenze GmbH v Proelco SA</i>, the Polish Highest Administrative Court has ruled that the registration of a trademark which is identical or very similar to an earlier company name does not automatically constitute an infringement. If the two parties operate in different fields and consumers are unlikely to be confused, the trademark and company name can coexist.

09 October 2006

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