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CLASS 46


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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Anthonia Ghalamkarizadeh
Birgit Clark
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Christian Tenkhoff
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Tomasz Rychlicki
Yvonne Onomor
WEDNESDAY, 29 APRIL 2009
Poland: 3D cheese in a cask marks

IR-736770On 25 February 2009 the Polish Patent Office conducted hearings in a case involving a 3D trade mark, act signature Sp. 66/08. Hochland AG from Germany owns international trade mark registration IR-736770 for 3D sign of packaging for cheese in form of a cask which is registered in class 29 for goods such as cheeses. Polish entrepreneur Okregowa Spˇldzielnia Mleczarska Piatnica filed a request for invalidation of the right of protection. Piatnica's representative argued that Hochland's trade mark lacks distinctive character because it depicts a very popular form of containers for white cheese which is known for a long time. The PPO has postponed the hearing in this case to allow Hochland AG to acquaint themselves with evidence and documents.

Posted by: Tomasz Rychlicki @ 14.00
Tags: 3d trade marks, distinctiveness, Polish Patent Office,
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