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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MONDAY, 13 SEPTEMBER 2010
Poland: informational internationalism
The Polish Patent Office invalidated the right of protection for BIO-ACTIVE R-169823 trade mark in part for goods in Class 3, i.e. bodycare cosmetics. The owner BIO-ACTIVE DYSTRYBUCJA Sp. z o.o. filed a complaint against this decision.
The Voivodeship Administrative Court in Warsaw in its judgment of 19 April 2010 case file VI SA/Wa 109/10 upheld the challenged decision and ruled that a trade mark consisting exclusively of informational signs that are normally used to designate the type of goods or services, even if those signs are in a language other than Polish, are not registrable. The Court also noted that the disputed trade mark is the so-called "internationalism", that is a sign, which is present in other languages in almost identical form. In different languages it has the same meaning, construction reading and tone. As a result of the granting of the right of protection to the trade mark in question, all cosmetics producers except the owner were deprived of the opportunity to introduce to the market of all products bearing the term containing given information, and consumers could not be adequately informed about the characteristics of these products. Posted by: Tomasz Rychlicki @ 17.29
Tags: Voivodeship Administrative Court, distinctive character, generic sign, trade mark invalidation, informational sign,
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Poland: informational internationalism
The Polish Patent Office invalidated the right of protection for BIO-ACTIVE R-169823 trade mark in part for goods in Class 3, i.e. bodycare cosmetics. The owner BIO-ACTIVE DYSTRYBUCJA Sp. z o.o. filed a complaint against this decision.
The Voivodeship Administrative Court in Warsaw in its judgment of 19 April 2010 case file VI SA/Wa 109/10 upheld the challenged decision and ruled that a trade mark consisting exclusively of informational signs that are normally used to designate the type of goods or services, even if those signs are in a language other than Polish, are not registrable. The Court also noted that the disputed trade mark is the so-called "internationalism", that is a sign, which is present in other languages in almost identical form. In different languages it has the same meaning, construction reading and tone. As a result of the granting of the right of protection to the trade mark in question, all cosmetics producers except the owner were deprived of the opportunity to introduce to the market of all products bearing the term containing given information, and consumers could not be adequately informed about the characteristics of these products. Posted by: Tomasz Rychlicki @ 17.29
Tags: Voivodeship Administrative Court, distinctive character, generic sign, trade mark invalidation, informational sign,
Sharing on Social Media? Use the link below...Perm-A-Link: https://www.marques.org/blogs/class46?XID=BHA2001
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