The Polish Supreme Administrative Court has been asked the following important question: should the date of lapse of the right of protection for a trade mark be the last day of a period of five successive years as mentioned in Article 169(1)(i) of the Polish Act of 30 June 2000 on Industrial Property Law – IPL – (in Polish: ustawa Prawo własności przemysłowej) of 30 June 2000, published in Dziennik Ustaw (Journal of Laws) of 2001 No 49, item 508, consolidated text on 13 June 2003, Dziennik Ustaw No 119, item 1117, with subsequent amendments, or the day when the motion to declare the expiration of trade mark rights was filled, if the period of five successive years of non-use of a registered trade mark was longer then five years?

1. The right of protection for a trade mark shall also lapse:
(i) on failure to put to genuine use of the registered trade mark for the goods covered by the registration for a period of five successive years, unless serious reasons of non-use thereof exist;

The Supreme Administrative Court in its judgment of 23 April 2008, case file II GPS 1/08 held that according to Article 169(1)(i) of IPL, the date of lapse of the right of protection for a trade mark is set on the last day of a period of five successive years, counting from the first date of non-use.

Categories: Art. 169(1)(i) IPL | Polish Act on Industrial Property Law | Polish Administrative Proceedings Code | Polish courts | Polish law | Polish Patent Office | Polish Supreme Administrative Court | trademark law.