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Poland: different labels - no confusion
The Polish newspaper Rzeczpospolita reports some recent decisions of the Polish Patent Office regarding differences in labels for mineral water (case no Sp. 127/07 and Sp. 254/07).
Sokpol Company from Myszków has applied for the word-figurative trade mark "Zloty Potok" ("Golden stream") in 2001. The right of protection for this trade mark (R-177610) was granted by the Polish Patent Office in 2006.
Zloty Potok Company, which has its headquarters in the village of Zloty Potok, applied for a word-figurative trade mark "Zloty Potok Naturalna Woda Zródlana" in 2005. The protection right (R-185543) was granted in 2007.
Zloty Potok and Gmina Janów have filed a request for invalidation of the right of protection Sokpol's trade mark before the Polish Patent Office.
The patent attorney representing Zloty Potok argued that Sokpol's trade mark is misleading because its products did not come from Zloty Potok's spring from Janów and that such water is only produced by Zloty Potok. Sokpol only received a consent to use this name for its products from the administrative district of Gmina Lesna, where Zloty Potok is located. However the distance between the village of Zloty Potok and Myszków, where Sokpol is based,is around 370km. This situation, in Zloty Potok representative's opinion, could also lead to consumers confusion.
The PPO has ruled that both "Zloty Potok" trade marks differ because of their rich layout and fancy designs and that there is no risk of consumer confusion as regards to origin of goods. This decision is not final and is not binding. Both parties may lodge a complaint to the Administration Court.
Tags: Poland, Polish Patent Office, Polish trade marks,



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