The Voivodeship Administrative Court in Warsaw in its judgment of 10 January 2010, case file VI SA/Wa 1715/09, ruled that the registration proceedings is not a source of the entitlement to a trade mark, but it only provides specified changes in the Trade Mark Register with regard to the holder of that right and therefore it is totally different from proceeding related to the invalidation or declaration on the lapse of a trade mark. The standing in registration proceeding cannot be justified based on the same arguments, that were used in the course of proceedings, which aimed to resolve trade mark rights. This judgment is not yet final. A cassation complaint may be filed to the Supreme Administrative Court.

Categories: Art. 229 IPL | Art. 252 IPL | Polish Act on Industrial Property Law | Polish Patent Office | trade mark lapse | trade mark register | Voivodeship Administrative Court.