The Polish Patent Office in its recent decision of 12 September 2008 act signature Sp. 220/08 applied the interpretation issued by the Polish Supreme Administrative Court in judgment of 23 April 2008, case file II GPS 1/08. See also “Trade mark law, case II GPS 1/08“. The PPO had to decide a motion to declare the expiration of TORNADO R-65213 trade mark registered for Reckitt Benkiser N.V. The motion was filed by Henkel KgaA which applied for word trade mark TORNADO Z-339055 on 2 April 2008. The disputed trade mark was applied for on 11 April 1989 in class 3 and the right of protection was granted by the Polish Patent Office on 30 October 1990. However, during the proceedings started by Henkel, the holder did not defend his rights, he did not provide any evidence that the mark was ever used in Poland. The PPO set the expiry date of protection rights of the disputed mark on the date of 31 October 1995. The period of 5 years of non-use of a trade mark was set from the day following the date of registration of that mark.

Categories: Art. 169(1)(i) IPL | Art. 172 IPL | non-use | Polish Act on Industrial Property Law | Polish Patent Office | trade mark lapse | trademark law.