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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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Poland: consent letter is not enough

Plus Warenhandelsgesellschaft mbH tried to register the AZOR trade mark in class 3 in Poland, but the same mark was already registered and had been in force since 1995. Its owner - ORO Produkte Marketing International GmbH - reached an agreement with Plus regarding its registration.

However, The Polish Patent Office rejected Plus' trade mark application. A complaint brought by Plus before The District Administrative Court in Warsaw was also rejected. The Court uphold the PPO's decision and ruled that the Polish Industrial Property Law provides no exceptions for registration of a mark that is identical to an earlier trade mark, and the goods or services for which the trade mark is applied for or are identical.

The Supreme Administrative Court has confirmed the lower Court's judgment and ruled that a letter of consent cannot be used as ground to register such mark since Poland did not implement Article 4(5) of the First Council Directive 89/104 (the SAC judgment of 20 December 2007, act signature II GSK 279/07).

Posted by: Tomasz Rychlicki @ 10.15
Tags: Poland, Polish courts, Polish law, Polish Supreme Administrative Court, Trade marks,
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