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.
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WEDNESDAY, 23 APRIL 2008
Poland: it is all about the date
The judgment of the Polish Supreme Administrative Court from 23 April 2008, act signature II GPS 1/08. Posted by: Tomasz Rychlicki @ 17.10
Tags: Poland, trade mark expiry date,
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Poland: it is all about the date
Today, The Polish Supreme Administrative Court has ruled that
According to Article 169(1)(i) of the Act on Industrial Property Law, the date of lapse of the right of protection for a trade mark is set on the last day of a period of five successive years, counting from the first date of non-use.Article 169(1)(i) of the Polish 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.
The Polish Supreme Administrative Court has been asked the following important question: should the date of lapse of the right of protection for a trade mark be the last day of a period of five successive years (as mentioned in Article 169(1)(1) of the IPL) or the day when the motion to declare the expiration of trade mark rights was filled, if the period of five successive years of non-use of a registered trade mark was longer then five years?1. The right of protection for a trade mark shall also lapse:
(i) on failure to put to genuine use of the registered trade mark for the goods covered by the registration for a period of five successive years, unless serious reasons of non-use thereof exist; ...
The judgment of the Polish Supreme Administrative Court from 23 April 2008, act signature II GPS 1/08. Posted by: Tomasz Rychlicki @ 17.10
Tags: Poland, trade mark expiry date,
Sharing on Social Media? Use the link below...Perm-A-Link: https://www.marques.org/blogs/class46?XID=BHA295
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