Trade mark law, case II GSK 15/05

April 14th, 2007, Tomasz Rychlicki

The Polish Patent Office invalidated the registration of the word-figurative trade mark MISS POLONIA R-132202 owned by Von Laube Aldona A. Firma MISS POLONIA. The request was filed by Biuro Miss Polonia sp. z o.o. Both parties filed complaints against this decision.

The Voivodeship Administrative Court in Warsaw in its judgment of 23 June 2004 case file II SA 3424/02 dismissed it. The Court noted that the PPO mentioned that in countries where the so-called disclamation rule exists, words such “miss” or “miss polonia” would be excluded from the protections. The disclamation is based on identifying which elements that are part of a registered trade mark should not be protected and deemed as informational sings or the part of such a sign. This rule is not known in Poland, therefore, the owners of word-figurative trade marks often think that the protection of their trade mark includes figurative phrases that have informational nature.

The Supreme Administrative Court in its judgment of 30 March 2003 case file II GSK 15/05 dismissed cassation complaints filed by both parties.