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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
THURSDAY, 13 JANUARY 2011
Poland: POSTI saga continues
This Class46 member has to mention that saga is also the brand of tea in Poland, but in this post it will be used in its proper context. POSTI S.A. applied also for the word-figurative trade mark "POSTI Fitea man HERBATKA WSPOMAGAJĄCA ODCHUDZANIE z owocem z czarnego bzu i anyżem doskonały smak świetny efekt" Z-334117 for goods in Classes 05 and 30 such as herbal tea and tea. Not surprisingly, the Polish Patent Office refused to grant the right of protection and ruled that there exist similarity between applied sign and the word-figurative trade mark "fittea" R-178995. POSTI filed a complaint against this decision.

The Voivodeship Administrative Court in its judgment of 5 November 2010 case file VI SA/Wa 1127/10 anulled the decision. The Court ruled that the PPO examined only verbal elements of both signs. The VAC ruled that the main distinguishing element of marked goods or services is, in principle, the word, because the recipient usually remember the sign and the marked product (service) based on the verbal element(s). However, the principle of the dominant meaning of the word elements in the combined trade marks is fully applicable, particularly when figurative and 3D elements have less distinctive character, or are completely devoid of this ability. This judgment is not final yet.
Posted by: Tomasz Rychlicki @ 15.05
Tags: Voivodeship Administrative Court, distinctive character, similarity of goods, similarity of signs, trade mark refusal,
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