Archive for: August, 2006

Trade mark law, case II GSK 64/06

August 10th, 2006, Tomasz Rychlicki

IMPERIAL TOBACCO POLSKA Spółka Akcyjna the owner of “M MOCNE” R-68755 trade mark filed a request for invalidation of the right of protection for “AS MOCNY t” R-139925 registered for Zakłady Tytoniowe w Lublinie Spółka Akcyjna.

R-139925

The Supreme Administrative Court in its judgment of 25 May 2006 case file II GSK 64/06 held that the word “mocne” (in English: strong) itself that is used as an indication of cigarettes, has not sufficient distinctive chracter as a trade mark. It may appear as part of a trade mark, but on a distinctive characteristic of a trade mark, which includes the word “mocne”, will decide other words or images and the word “mocne” will remain purely informational sign that could not become distinctive through use as a trade mark, even in a long term.

R-68755

The SAC held that all manufacturers of cigarettes have the right to use purely informational sign to indicate the quality of cigarettes sold.

Categories: Art. 256 IPL | Art. 315 IPL | Art. 7(2) TMA | Art. 8(1) TMA | Art. 8(2) TMA | Art. 9(1)(i) TMA | distinctive character | likelihood of confusion | Polish Supreme Administrative Court | similarity of signs | trade mark invalidation.

Consumer protection, case III SZP 3/06

August 8th, 2006, Tomasz Rychlicki

The Supreme Court in its judgment of 13 July 2006 case file III SZP 3/06 ruled that the application of standardized agreements which provisions are identical with the provisions deemed as prohibited contractual provisions (abusive clauses) by the District Court in Warsaw, the Court of Competition and Consumer Protection, and were entered into the register kept by the President of the Office of Competition and Consumer Protection, may be considered in relation to another undertaking as the practice detrimental to/infinging on the collective interests of consumers.

See also “Polish regulations on prohibited contractual provisions” and “Polish case law on abusive clauses in B2C IT and IP contracts“.

Categories: case law | Polish Act on Combating Unfair Commercial Practices | Polish Act on Combating Unfair Competition | Polish Act on Protection of Competition and Consumers | Polish Civil Code | Polish Court of Competition and Consumer Protection | Polish Supreme Court.