The Voivodeship Administrative Court in Warsaw in its judgment of 5 September 2008 case file VI SA/Wa 1061/08 dismissed the complaint against the decision of the Polish Patent Office on the refusal to grant the right of protection to MLEMIX MAZURSKI Z-275675 trade mark. Spółdzielnia Mleczarska MLEKPOL from Grajewo filed cassation complaint.

The Supreme Administrative Court in its judgment of 15 October 2009 case file II GSK 155/09 held that the statutory conditions to obtain a right of protection for trade mark set out in Article 132 of the IPL must be met on the date of a trade mark application, and not on the date of the issuance of the decision of the Polish Patent Office that ends the case.

Categories: Art. 123 IPL | Art. 132(1)(iii) IPL | Art. 132(2)(ii) IPL | Art. 153 IPL | Art. 168 IPL | Art. 169(1)(i) IPL | Polish Act on Industrial Property Law | Polish Supreme Administrative Court | similarity of goods | similarity of signs | trade mark refusal | trademark law | Voivodeship Administrative Court.