WEDNESDAY, 24 MARCH 2010
Poland: another judgment on legal interest
The Voivodeship Administrative Court (VAC) in Warsaw in a judgment of 4 November 2008, case file VI SA/Wa 1529/08 rejected the complaint brought by Fashion Group Sp. z o.o. against the decision of the Polish Patent Office (PPO) of 2008, case no. Sp. 504/06, on the discontuance of proceedings in case of the invalidation of the right of protection granted for OSKARY MODY R -178091 trade mark.
Fashion Group based its legal interest on provisions of the freedom of establishment and the existence of its exclusive right to OSCARY MODY R-180722 trade mark. Fashion Group also claimed that MEDIA SUKCES s.c., the owner of the questioned trade mark, published press information indicating alleged violation of its trade mark rights by Fashion Group, which involved a risk of legal proceedings.
The PPO and the VAC denied the existence of legal interest on Fashion Group side. The company filed a cassation complaint. The Supreme Administrative Court in a judgment of 9 February 2010, case file II GSK 335/09, ruled that a competitor has a legal interest in seeking the invalidation of the same registered trade mark as his right of protection, if the owner of such an identical trade mark took any action based on demanding for the cease and desist of use, or negating the right of its competitor.
See previous Class46 posts entitled "Poland: against asking?" and "Poland: interest interpretations".
See also Berenika Depo's article "Same procedure every year: locus standi as an effective barrier to trade mark revocation for non-use in Poland" published in Journal of Intellectual Property Law & Practice, 2010 5(1):55-64; doi:10.1093/jiplp/jpp186.
Posted by: Tomasz Rychlicki @ 13.28
Tags: Poland, Supreme Administrative Court, legal interest, locus standi,