The Voivodeship Administrative Court in Warsaw in its judgment of 14 November 2006 case file VI SA/Wa 1705/06, published in LEX under the no. 299601, by referring directly to the wording of the IPL, ruled that the exemption from the registration of trade marks classified as descriptive does not mean that every trade mark that consist of elements that describe the product, its qualities or characteristics, is deprived the registrability. Only signs which may serve in trade to provide information about the characteristics of the goods should be recognized as descriptive trade marks under the TMA.

This case concerned the request for the invalidation of the right of protection for word-figurative trade mark “CIEPŁA PODŁOGA” R-155237 registered for goods in Class 11 such as heating mats, owned by “ELEKTRA” Włodzimierz Nyc, Witold Nyc Spółka Jawna.

Categories: Art. 151 PBAC | Art. 315 IPL | Art. 4 TMA | Art. 7(1) TMA | Art. 7(2) TMA | descriptive character | trade mark invalidation | Voivodeship Administrative Court.