Trade mark law, case Sp. 211/08

October 25th, 2009, Tomasz Rychlicki

On 7 September 2007, the Polish Patent Office granted the right of protection for word-figurative trade mark “PERŁY I ŁOTRY” R-194932 applied for by HARPEL II Wojciech Harmansa for goods in Class 16 and 35. The PPO received a request for the invalidation of the right of protection that was filed by Sinonis Grzegorz Majewski who owns “PERŁY I ŁOTRY SHANGHAJU” R-164275 trade mark registered for goods in Class 09 and 41. Majewski applied for the registration on 2 February 2001. Majewski and Harmansa were members of a music band called PERŁY I ŁOTRY SHANGHAJU, but after some misunderstandings in the band, their paths diverged.

The Adjudicative Board of the Polish Patent Office in its decision of 7 April 2009, case file Sp. 211/08 invalidated the right of protection for “PERŁY I ŁOTRY” R-194932 trade mark in part in Class 35, recognizing the similarity of services.