The Voivodeship Administrative Court in Warsaw in its judgment of 30 September 2008 case file VI SA/Wa 1042/08 dismissed a complaint against the decision of the Polish Patent Office on the lapse of the right of protection for APETITO IR-615850 trade mark in part concerning the goods in Class 29. See “Trade mark law, case VI SA/Wa 1042/08“. The owner – APETITO AKTIENGESELLSCHAFT – filed a cassation complaint.

The Supreme Administrative Court in its judgmet of 6 October 2009 case file II GSK 120/09 dismissed the complaint and held that when a person who shows its legitimate interest file a request for the invalidation of a registered trade mark becasue of non-use, the owner of the right of protection for this trade mark has to show the use of the mark in question or the existence of valid reasons justifying non-use. The scope of holder’s duty is defined within the scope of legal interest arising from a standing to file a request for the invalidation.

Categories: Art. 169(1)(i) IPL | Art. 169(2) IPL | Art. 169(6) IPL | company name or firm | genuine use | personal rights or interests | Polish Act on Industrial Property Law | Polish Supreme Administrative Court | trade mark invalidation | trade mark use | trademark law | Voivodeship Administrative Court.