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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TUESDAY, 7 JUNE 2011
Poland: the third lap in race for Dakar
This is a sequel to a story that was reported by Class46 in a post entitled ""The second lap in race for Dakar". The French Company Paris Dakar decided to file a cassation complaint against the judgment of the VAC.
The Supreme Administrative Court in its judgment of 25 May 2011 case file II GSK 578/10 overturned the questioned judgment and sent the case back for reconsideration. The SAC ruled that given the nature of Paris-Dakar business, the PPO properly established the reputation of the trade mark DAKAR IR-606861. The SAC did not agree with the criteria for assessing the reputation of a trade mark that were adopted by the VAC. The Court ruled that the reputation cannot be examined too strictly because organization of sports events is a specific activity and the reputation associated by its trade mark is also conveyed by the media. Posted by: Tomasz Rychlicki @ 14.29
Tags: famous trade marks, Polish Act on Industrial Property Law, Polish Patent Office, reputed trade marks, Voivodeship Administrative Court,
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Poland: the third lap in race for Dakar
The Supreme Administrative Court in its judgment of 25 May 2011 case file II GSK 578/10 overturned the questioned judgment and sent the case back for reconsideration. The SAC ruled that given the nature of Paris-Dakar business, the PPO properly established the reputation of the trade mark DAKAR IR-606861. The SAC did not agree with the criteria for assessing the reputation of a trade mark that were adopted by the VAC. The Court ruled that the reputation cannot be examined too strictly because organization of sports events is a specific activity and the reputation associated by its trade mark is also conveyed by the media. Posted by: Tomasz Rychlicki @ 14.29
Tags: famous trade marks, Polish Act on Industrial Property Law, Polish Patent Office, reputed trade marks, Voivodeship Administrative Court,
Sharing on Social Media? Use the link below...Perm-A-Link: https://www.marques.org/blogs/class46?XID=BHA2407
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