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, 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
Polish Patent Office, Polish law, bad faith, industrial property law, trade mark invalidation, scouting,
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