In March 2005 the Polish Patent Office (the PPO) issued a decision in which it granted a trade mark right for the MILEA word-figurative mark (R-162082) in classes 3, 5 and 16 to Ogólnopolskie Centrum Dystrybucji HURT-SERWIS Spólka z o.o. (the owner). Nivea Polska Spólka Akcyjna - the owner of NIVEA trade mark and German company Beiersdorf AG opposed this registration in classes 3 and 5. The opponents claimed that MILEA mark was confusingly similar to the NIVEA (R-23977) mark for which trade mark rights have been held since 1933 and which acquired the status of a well-known trade mark, having a good reputation in the Republic of Poland. Accordingly the owner had registered MILEA mark in bad faith to take the advantage of fame and repute of the earlier mark.

According to article 132(2)(iii) of the Polish Industrial Property Law (the Act of 30 June 2000 on Industrial Property Law (Ustawa Prawo wlasnosci przemyslowej z dnia 30 czerwca 2000 r.) published in Dziennik Ustaw 2001 No 49, pos. 508, consolidated text on 13 June 2003, Dziennik Ustaw No 119, pos. 1117, with later changes):

A right of protection for a trade mark shall not be granted, if the trade mark
... is identical or similar to a well-known trade mark registered or applied for registration with an earlier priority (provided that the latter is subsequently registered) on behalf of another party for any kind of goods, if it without due cause would bring unfair advantage to the applicant or be detrimental to the distinctive character or the repute of the earlier trade mark. The above provision shall apply to well-known trade marks accordingly.