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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
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Poland: sunflowers and the Sun
BP PLC requested the Polish Patent Office to invalidate the right of protection for figurative trade mark R-218916, owned by KEA SYSTEM PPHU Albert Korman from Bielany. BP argued that the sign in question may cause consumers confusion with regard to the origin of goods, because it uses similar colors and figurative elements that are included in its earlier Community trade marks, and resemble a sunflower.

The Adjudicative Board of the Polish Patent Office in its decision of 28 September 2001 case Sp. 86/11 dismissed the request. The PPO ruled that there is lack of similarity due to the fact that the trade mark in question contains an element in the form of a stylized flower, and trade marks owned by BP contain an element in the form of partially covered sun.

 This decision is not final. A complaint can be brought to the Voivodeship Administrative Court in Warsaw.
Posted by: Tomasz Rychlicki @ 11.52
Tags: Polish Act on Industrial Property Law, Polish Patent Office, similarity of goods, similarity of signs, trade mark invalidation,
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