Region: Poland

Polish wine producer loses dispute over RAFFAELLO mark

In the dispute between Belgian chocolate maker Soremartec, a member of the Ferrero Group, and Polish wine manufacturer Vinpol over the RAFFAELLO mark, the Polish Voivodeship Administrative Court has ruled in favour of Soremartec. Among other things, the court found that Vinpol’s use of the RAFFAELLO mark for its wine would take unfair advantage of the reputation of the mark for chocolate pralines.

04 November 2011

Reputation of mark abroad irrelevant to assessment of reputation in Poland

In a case involving the TIFFANY mark, the Supreme Administrative Court has confirmed that the reputation of a trademark in another country is irrelevant to the assessment of its reputation in Poland. Nevertheless, the circumstances in which the trademark is used abroad may have an indirect impact on the awareness of the mark among Polish consumers.

27 October 2011

Court rules against monopolisation of scouting symbols

The Voivodeship Administrative Court has dismissed a complaint by Zwiazek Harcerstwa Polskiego (the Polish Scouting and Guiding Association) in a case involving the right to use the Scouts' Cross. The court pointed out that, in 1990, the Polish legislator had abolished the association’s exclusive rights to use the symbols and insignia of the scouting movement.

01 July 2011

Common ‘spa’ element insufficient to conclude that marks are similar

The District Administrative Court has dismissed a complaint filed by Hungarian pharmaceutical company Chinoin, the owner of the international trademark NO-SPA, against a decision of the Polish Patent Office. The court agreed with the Patent Office that the mark ANTI-SPA, also used for pharmaceuticals, was not confusingly similar to Chinoin’s mark, even though they shared the common element ‘spa’.

27 June 2011

Patent Office erred in drawing conclusions as to shape of colour mark

The Voivodeship Administrative Court in Warsaw has overturned a resolution of the Patent Office in a case involving an application by Red Bull GmbH for the registration of a colour mark. Among other things, the court found that the Patent Office had erred in drawing conclusions as to the shape of the trademark based only on a reproduction attached to the application.

15 June 2011

Cosmetics mark invalidated for being confusingly similar to L'OREAL

The Voivodeship Administrative Court in Warsaw has upheld a decision of the Polish Patent Office in which the latter had held that the trademark O'LEARY - which covers, among other things, cosmetic products - was invalid because it was confusingly similar to the L'OREAL mark.

26 May 2011

Distinctiveness must be assessed in relation to ordinary course of trade

The Voivodeship Administrative Court in Warsaw has annulled a decision of the Polish Patent Office in which the latter had dismissed a request for the invalidation of the word mark LAURINA for bean seeds. 'Laurina' is the name of a common bean variety. Among other things, the court held that the distinctiveness of a word mark must be assessed in relation to the "ordinary course of business/trade".

24 May 2011

Wine and vodka held to be dissimilar

In a case involving the trademarks LECH WÓDKA and LECH-POL for alcoholic beverages, the Supreme Administrative Court has held that wine and vodka are dissimilar. Among other things, the court noted that the conditions of production of wine and vodka, as well as the conditions of sale, are different.

20 April 2011

Letter of consent insufficient to obtain registration

The Voivodeship Administrative Court has upheld a decision of the Polish Patent Office in which the latter had refused to register the trademark TCHERGA - ZYJ KOLOROWO on the grounds that it was confusingly similar to the earlier trademark TCHERGA. The court held that financial, organisational or personal links between companies cannot serve as the basis for granting a right of protection for a trademark.

24 March 2011

No risk of confusion between short marks with one different letter

The Warsaw District Administrative Court has upheld a decision of the Patent Office in which the latter had dismissed an opposition against the registration of the trademark TARGA. The court agreed with the Patent Office that TARGA and the earlier CTM TARA were sufficiently different to avoid a risk of confusion among consumers, despite the fact that the goods covered by the marks were similar.

21 March 2011

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