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.
Want to receive Class 46 by email?
Click here subscribe for free.
Click here subscribe for free.
Who we all are...
TUESDAY, 29 NOVEMBER 2011
Poland: a wooden pail can be reputed trade mark
The Polish newspaper Gazet.pl reports that the Hochland company sued a Polish dairy cooperative, which used the image of a wooden bucket, from which a stream of milk is poured. Hochland demanded the removal of this picture from the logo used by the agricultural cooperative, because it infringed the trademark of Almette cheese packaging. The court of first and second instance dismissed the suit and ruled that the wooden bucket is not reputable trade mark. The Court noted that the OHIM refused to register such a sign.
The Polish Supreme Court in its judgment case file IV CSK 393/10 ruled that the traditional wooden pail, in which the company sells its cheese, is a reputable trade mark and it is entitled to even greater protection than an ordinary trade mark. This means that no one else can use it in business. The Court pointed also the national trade mark system is characterized by autonomy in relation to the EU system. Posted by: Tomasz Rychlicki @ 10.22
Tags: renown trade mark, reputation, Polish Supreme Court,
Sharing on Social Media? Use the link below...
Perm-A-Link: https://www.marques.org/blogs/class46?XID=BHA2657
Poland: a wooden pail can be reputed trade mark
The Polish Supreme Court in its judgment case file IV CSK 393/10 ruled that the traditional wooden pail, in which the company sells its cheese, is a reputable trade mark and it is entitled to even greater protection than an ordinary trade mark. This means that no one else can use it in business. The Court pointed also the national trade mark system is characterized by autonomy in relation to the EU system. Posted by: Tomasz Rychlicki @ 10.22
Tags: renown trade mark, reputation, Polish Supreme Court,
Sharing on Social Media? Use the link below...Perm-A-Link: https://www.marques.org/blogs/class46?XID=BHA2657
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
