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Class 46 - for your European trade mark news
 

Now in its sixth year, Class 46  is dedicated to European trade mark law and practice.  This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.
 
  FRIDAY, 30 JULY 2010
Poland: one cross for all scouts
On 1 March 2004, the Polish Patent Office has registered word-figurative trade mark CZUWAJ R-152214 (in English: "Be Prepared"). Związek Harcerstwa Polskiego - Główna Kwatera is the owner. As you can see the sign looks exactly the same as the Scouts Cross.
The final design of Scout's Crass was approved during ZHP's unification conference held on October 1-2 1918 which has choosen this sign as the official badge of Polish scouting In November 1918 the Polish Ministry of War decreed that the Krzyż Harcerski was the only civilian emblem that might be worn on military uniforms. The tradition continues to this day.
Nowadays, there are three major scouting organizations in Poland. Związek Harcerstwa Polskiego, Związek Harcerstwa Rzeczypospolitej and Stowarzyszenia Harcerstwa Katolickiego Zawisza. ZHR filed a request for invalidation of the right of protection. The request was based on provisions of the old Polish Trade Mark Act. ZHR argued that this trademark shall not be registrable because ZHP’s action was contrary to the principles of social coexistence. The Polish Patent Office in its decision case file Sp. 334/05 invalidated the right of protection. The PPO ruled that all Polish scouts' organizations should have the right to use this sign. This judgment is not yet final. A complaint may be filed to the Voivodeship Administrative Court.

Posted by: Tomasz Rychlicki @ 18.39 
Tags: Polish Patent Office, Polish law, bad faith, industrial property law, trade mark invalidation, scouting,

 

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The Class 46 archive


+ 2013
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- 2010
     + December (50)
     + November (47)
     + October (40)
     + September (46)
     + August (30)
     - July (55)
Poland: one cross for all scouts
Christian Louboutin: there is no business like (fake) shoe business
Butter: not that unique
Pigs and protection: Old Spots get the TSG treatment
Poland: observations, oppositions, invalidations - who's the party?
A brief update on Paul
German Federal Patent Court: ALLFAcolor v ALPHA
Spain reduces penal sanctions in the hope of more condemnatory orders
Finland: Conflict between trademark and name of a rock band
Spain - Fighting the pirates. Year 2009 in numbers.
Buffalo by-product goes all the 'whey' to protection
Octopus Paul still in the news... and two more Paul trade marks
Detailed affidavit by employee of applicant may be sufficient to prove genuine use
Using Google Similar Images search to find infringing logos
Sprider catches infringer in a temporary web
Customs union poses fresh threats along with opportunities
More Octopus Paul trade marks
The BGH and the story of the lost golden Easter bunny
Poland: secondary meaning and distinctiveness
Bakers to Aldi: you're not baking
Three more GIs for Italy
New .pt rules now in force
Spain - Where is the distinctivity in mixed trade marks? The Spanish CTM Court no. 1 has an answer to that.
E-justice website launched
Octopus Paul trade marks
Poland: dissimilarity of 3D trade marks
(Non-) British brands
Use of PARMETTA for a Seasoning Infringes PDO PARMIGIANO REGGIANO
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AdWords: French Supreme Court remits Google v Vuitton case to the appeal court
Finland: Customs seized batch of watches worth 12 million euros
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Poland: big advertising and personal rights
The aura of luxury
Finland: The Board of Appeal taking strict line with surname trade marks
First Thai agricultural product on its way to get PGI status.
WIPO launches interactive map of Appellations of Origin registered under the Lisbon system
New Ferrari logo without the debated bar code design
Peter weathers the peerstorm
AirPlus/A+ dispute heads for ultimate appeal
Portakabin ruling: the Court of Justice rules
Arbitration ruling on the transfer of the PUMA trade marks in Spain
Montes de Toledo PDO amended
ITMA, Nottingham Law School offer new skills-base course
Priority in filing: does every minute count?
A pig's ear: Soprèssa Vicentina PDO spec amended
Italy signs up for Singapore
Switzerland: ALTEC LANSING is heard
Ireland opts to retain relative grounds examinations
Poland: strong, weak, distinctive trade marks for alcohol products
Bundespatentgericht: Speicherstadt
Product placement: the new reality gets nearer
The Zappanale goes on!
Switzerland: CAPRI is misleading geographic indication for tobacco
German Federal Patent Court : "Schusswaffe"
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