Region: Poland

Patent attorneys cannot cancel marks without instruction

On remand from the Highest Administrative Court, the District Administrative Court in Warsaw has ruled that a patent attorney firm may not apply, in its own name, for cancellation of a trademark. The court confirmed that patent attorney firms can act in such matters only with instruction from a named client.

04 July 2006

Alleged descendant of Polish king fails to prevent use of name for vodka

The Warsaw Court of Appeal has rejected claims by the alleged descendant of Polish King John III Sobieski that her moral rights in the Sobieski name precluded third parties' from using the name in relation to vodka. The court found that the plaintiff had failed to establish her moral rights in the Sobieski name and that use of a historical name in commerce is not necessarily precluded.

11 May 2006

ASPARGIN ESPEFA registration contrary to honest business practice

The Warsaw District Court has upheld a decision of the Patent Office to cancel the registration of the mark ASPARGIN ESPEFA for pharmaceuticals after finding that the mark contained the senior mark ASPARGIN, which covers the same type of goods. The court found that the use in a trademark of another party's senior mark is contrary to honest business practice.

14 November 2005

Conflicting decisions issued on rights in SOPHIA marks

Two conflicting cases involving SOPHIA trademarks, which are used in relation to wine from the Sophia region of Bulgaria, have been issued. In one decision, a Polish court ruled that Polish company ELIT-POL has exclusive rights in the SOPHIA marks while in the other, the Patent Office ordered the cancellation of ELIT-POL's rights in those marks.

02 June 2005

Hortex harvests the fruit of its mark's fame in invalidation case

In <i>Hortex Holding Ltd v Hortino Ltd</i>, the Warsaw Administrative Court has upheld the Polish Patent Office's decision to strike from the register the mark HORTINO on the basis of its confusing similarity with the earlier, well-known HORTEX mark for the same products.

10 March 2005

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