Wierzbicki Jan, Krzywdziński Andrzej Przedsiębiorstwo Produkcyjno Handlowo Usługowe MACRO applied to the Polish Patent Office (PPO) for “ŚWIAT KAWY I HERBATY” (TEA AND COFFE WORLD) trade mark Z-205579, for goods in classes 30, 42. Dariusz Z. who conducts its business under the firm “Świat Kawy i Herbaty” and who had established contractual relationships with the applicant, submited to the Patent Office his observations as to the existence of grounds that may cause a right of protection to be denied. The PPO refused to grant rights of protection for “ŚWIAT KAWY I HERBATY” trademark. MACRO filed a complaint. The Voivodeship Administrative Court in its judgment of 27 July 2006 case file VI SA/Wa 871/06 upheld the contested decision and MACRO filed a cassation complaint.

The Supreme Administrative Court in its judgment of 24 May 2007 case file II GSK 13/07 held that the firm (company name) of a individual person is its personal right/interest and it may be an obstacle to registration of a trade mark. According to the SAC, the sale of goods on the stand/trading post under the trade name identical to that trade mark cannot be treated as a trade mark use since the essence of the trade mark is to identify the goods with a particular trader, and the use of the mark should primarily consist of placing a mark on the products or their packaging.

Categories: Art. 23 CC | Art. 24 CC | Art. 28(1) TMA | Art. 8(1) TMA | Art. 8(2) TMA | bad faith | firm | genuine use | non-use | personal rights or interests | Polish Act on Trade marks | Polish Civil Code | Polish Supreme Administrative Court | similarity of signs | trade mark use | trademark law.