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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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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
The Voivodeship Administrative Court in Warsaw in its judgment of 20 Demceber 2010 case file VI SA/Wa 650/10 acknowledged the rule that the infringement of the company name as a condition to invalidate the registration of a trade mark under the old Polish Trade Mark law is not forejudged by registration of an identical or similar mark by another company. The VAC repeated that the exclusive rights to the company name are not an absolute. The limits have the territorial and objective nature and they concern the actual actvity of an entity that is using the name in question. Only within these limits the collision between identical or similar company name and trademark may occur. So if the scope of business activities of an entitled to the company name and the holder of the registration of the trade mark differs, there is no risk of consumers confusion as to the identity of companies or for example, a proprietor of the later trade mark is not using the reputation associated with an earlier identical or similar company name, it's hard to say that there is the collision of these two rights, and consequently an infringement of an earlier right to the company name. This judgment is not final yet. Posted by: Tomasz Rychlicki @ 22.18
Tags: company name, personal rights or interests, trade mark invalidation, Voivodeship Administrative Court,
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