The Voivodeship Administrative Court in its order 14 April 2010 case file VI SA/Wa 370/10 held that the complaint to the Administrative Court must be filed through the authority, whose action or inactivity is the subject of the complaint within thirty days from the date of notification to the applicant of the decision. The principle filing a complaint through a public authority means that in case of complaint filed directly to the administrative court or through a public authority other than the one whose action or inactivity is the subject of the complaint, the court or authority should pass it on to the competent authority of public administration. The date when the complaint was passed on by the court (public body) decide on the preservation of the deadline for bringing an action. If the complaint is brought after the deadline to file it, it shall be rejected. Terravita Holding Establishment from Vaduz, Lichtenstein was a party who lost this case. See also “Trade mark law, case VI SA/Wa 370/10“.

Categories: Art. 53 PBAC | Art. 54 PBAC | Art. 58 PBAC | non-traditional trade marks | Polish Act on Proceedings Before Administrative Courts | product packaging | trade mark invalidation | trademark law | Voivodeship Administrative Court.