On 10 April 1996 the Polish company PPZU Kry-Pop from Krynica filed a request to the Polish Patent Office to issuee a decision on the invalidation of of the right of protection for word-figurative trade mark Krynica Zdrój R-88722 owned by “Mul.” company from Warsaw (later on the ownership of the company was transfered to Krynica Zdrój Sp. z o.o. from żywiec) registered in class 32 for goods such as sparkling mineral water, mineral water and flavored water.

Kry-Pop argued that the contested trade mark is similar to its trade mark “Kryniczanka” R-95268 registered with an earlier priority which is also widely known in Poland for the designation of mineral water originating from the area of the town of Krynica. The Voivodeship Administrative Court in Warsaw in its judgment of 12 May 2004, act signature 6 II SA 1156/02, ruled that “Krynica Zdrój” and “Kryniczanka” trade marks are not similar to the extent that they may mislead customers as to the origin of the goods and they differ in visual and phonteic aspects. In addition, in the absence of similarity of both trademarks it was difficult for the Court to decide whether the rules of social coexistence were violated by the later registration of a trade mark which has a different phonetic tone and which is not misleading customers about the origin of goods.

See also “Trade mark law, case II SA/Wr 2928/02“, “Trade mark law, case VI SA/Wa 1945/05“, “Trade mark law, case Sp. 127/07 and Sp. 254/07” and “Trade mark law, cases VI SA/Wa 1996/08 and VI SA/Wa 1995/08“.

Categories: Art. 131(1)(iii) IPL | Art. 131(4) IPL | Art. 132(1)(i) IPL | case law | geographical name as trade mark | Voivodeship Administrative Court.