The Voivodeship Administrative Court in Warsaw in its judgment of 17 January 2006, case file VI SA/Wa 1945/05 in case concerning “SZCZAWNICKI zdrój” R-147476 trade mark ruled that the Polish Patent Office while deciding the request for the invalidation of the right of protection for a trade mark has to examine the sign in a form in which it was applied for the registration not in a form that the trade mark is used on the market, for example as the product label. The refusal of the invalidation of “SZCZAWNICKI Zdrój” trade mark (used inter alia as a designation for mineral waters), which was conducted by the Polish Patent Office without adequate consideration, especially in case if the disputed mark has information character that points to the place of origin of goods that are produced by the prorietor of the earlier trade mark registration and which may in consequence be perceived by the consumers as an indication which has no relation with a given producer, was made in violation with the provisions of administrative procedure.

See also my posts entitled “Trade mark law, case 6 II SA 1156/02“, “Trade mark law, case II SA/Wr 2928/02“, “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.