Log in


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.

Want to receive Class 46 by email?
Click here subscribe for free.

Who we all are...
Anthonia Ghalamkarizadeh
Birgit Clark
Blog Administrator
Christian Tenkhoff
Fidel Porcuna
Gino Van Roeyen
Markku Tuominen
Niamh Hall
Nikos Prentoulis
Stefan Schröter
Tomasz Rychlicki
Yvonne Onomor
Poland: bears and Red Cross
On 20 August 2007, the Polish company ALTA Sp. z o.o. from Poznań applied for the figurative trade mark Z-329092 for goods in Class 5, 42 and 44. The Board of the Red Cros submited to the Polish Patent Office observations as to the existence of grounds that cause a right of protection to be denied. The PPO refused to grant the right. ALTA filed a complaint against this decision.

The Voivodeship Administrative Court in its judgment of 12 October 2010 case file VI SA/Wa 1095/10 noted that Article 131(2)(iii) of the Polish Industrial Property Law provides that the right of protection shall not be granted for a sign, if it incorporates the abbreviated names or symbols (armorial bearings, flags, emblems) of other countries, international organisations, as well as official signs, hallmarks indicating control and warranty adopted in other countries, if the prohibition of registration follows from international agreements, unless the applicant is able to produce an authorisation issued by a competent authority, which authorises him to use such signs in the course of trade.

The Court ruled that this prohibition applies not only to those symbols as such, but it also prohibits the registration and use of the trade marks that are some kind of imitation of those symbols and copying the relevant characteristics of the heraldic symbols is this kind of imitation. The PPO rightly found that the trade mark in question contains the image of the cross which is at least an imitation of the symbol of the International Red Cross because of similar color (red) and shape. Placing the image of a bear on the cross does not change the fact that this trade mark contains also an image of the cross imitating the Red Cross sign. The provision of Article 131(2)(iii) of the IPL excludes the possibility of granting trade mark rights to the signs that contain symbols of international organizations (if there is no consent of the holder), so other elements of the mark does not matter. Thus placing in the applied sign the image of a cross which is at least an imitation of the International Red Cross symbol, deprives the sign the possibility to be registered as a trade mark. The Judgment is not final yet.

Posted by: Tomasz Rychlicki @ 11.19
Tags: Art. 6ter Paris Convention, Paris Convention, Polish Act on Industrial Property Law, Voivodeship Administrative Court,
Sharing on Social Media? Use the link below...
Perm-A-Link: https://www.marques.org/blogs/class46?XID=BHA2153
Reader Comments: 0
Post a Comment

MARQUES does not guarantee the accuracy of the information in this blog. The views are those of the individual contributors and do not necessarily reflect those of MARQUES. Seek professional advice before action on any information included here.

The Class 46 Archive








+44 (0)116 2747355

9 Cartwright Court, Cartwright Way
Bardon, Leicestershire
LE67 1UE


Ingrid de Groot
Internal Relations Officer
Alessandra Romeo
External Relations Officer
James Nurton
Newsletter Editor
Robert Harrison

Signup for our blogs.
Headlines delivered to your inbox