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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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Who we all are...
Anthonia Ghalamkarizadeh
Birgit Clark
Blog Administrator
Christian Tenkhoff
Fidel Porcuna
Gino Van Roeyen
Markku Tuominen
Niamh Hall
Nikos Prentoulis
Stefan Schr÷ter
Tomasz Rychlicki
Yvonne Onomor
MONDAY, 27 JULY 2009
Poland: registration of sound trade marks again!

R-214639 The story of Hejnal Mariacki as a sound trade mark goes further. According to Gazeta Wyborcza's article imprecisely entitled "Hejnal is being patented".

If The Hejnal will be used in advertisement spots of our city, presenting it as a cultural and tourist centre, there is no problem, because it will only work for the benefit of Krakow City. If, by contrast, it will be used for example in mayonnaise ads, we will demand the enforcement of our rights - explains Filip Szatanik from the press office of the municipal authorities. The city would grant a permission to use the Hejnal, and for the unlawful use of it would demand a compensation.
This Class46 team member was asked by several readers about the Polish Patent Office's practice of registering sound trade marks, especially taking into consideration conclusions provided by the Court of Justice of the EC judgment of 27 November 2003 in case C-283/01, Shield Mark BV v Joost Kist hodn Memax, [2003] ECR I-14313. Of course, these questions relate to the requirements of graphical representation of a trade mark too. Being a shy person and not wanting to sound like a know-all buddy who always provides authoritative answers, this Class46 bear decided to ask his mentor and outstanding Polish patent and trade mark attorney Berenika Depo of Lazewski Depo i Wspˇlnicy to clarify some issues. Being a reliable source of information, Berenika eagerly explained:
The Polish Patent Office registers sound marks, if they are displayed as musical notes. Such trade mark applications can also additionally be accompanied by a sound recording - on a cassette tape which is available for any third party to listen to at the Office. Currently, the Polish Patent Office has around 50 sound marks registered according to unofficial statistics, as they are not searchable in the database of the Office.
A quick search at the Polish Patent Office's database reveals sound trade mark registration R-214639 made on behalf of Telefonia DIALOG S.A. company. The trade mark as depicted in this post by a graphic presentation of musical notes was applied for on 14 August 2007 for goods and services in classes 09, 38 and 41.

Posted by: Tomasz Rychlicki @ 14.41
Tags: Poland, Polish Patent Office, Polish trade marks, sound trade marks,
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