Now in its twelfth 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.
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FRIDAY, 7 MAY 2010
Protection of trade names under the Polish law
On 30 August 2004, the Polish Patent Office (PPO)
registered word-figurative trade mark Ravago R-154724 to Walter
Breitengraser. The Polish company RESINEX Sp. z.o.o. submitted a
request for invalidation of the right of protection, arguing that Mr
Breitengraser has applied for the registration in violation of
RESINEX personal and economic rights arising from the rights to the
name Ravago and in violation of good customs. Resinex also claimed
that the application for the disputed trade mark was made in bad
faith because Walter Breitengraser was the president of the company
acting as an agent for RESINEX.
The Patent Office invalidated the right of protection for Ravago
R-154724 trade mark. The Office followed the rule that in the event
of a conflict between the right of protection for a trademark and
personal right/interest, including the right to business/company
name, the priority is to protect the personal interest. The Office
also pointed out that article 8 of the Paris Convention does not
constitute independent grounds for the protection of trade names, and
therefore a request for its protection must be dealt with under the
provisions of national law. The PPO also noted that it is established
rule in the legal doctrine and case law, that the registration of a
trade mark, which is identical to a name of other company, that was
used by this company prior the registration of a questioned trade
mark, affects the personal interests of this company.
The complaint filed by Walter Breitengraser was rejected by the Voivodeship Administrative Court in Warsaw and the Supreme
Administrative Court also rejected his cassation complaint.
Posted by: Tomasz Rychlicki @ 18.37
Polish Patent Office, Supreme Administrative Court, bad faith, article 8 Paris Convention, company name, ,
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