Trade mark law, case VI SA/Wa 1873/08

July 20th, 2010, Tomasz Rychlicki

On 25 May 2005, the Polish Patent Office granted the right of protection for the word trade mark MIESZKO R-165555 for goods in Class 29. ZAKŁADY PRZEMYSŁU CUKIERNICZEGO “MIESZKO” S.A. filed a notice of oppostion. MIESZKO S.A. claimed infringement of its company name and identicality with its trade mark MIESZKO R-87813 registered with an earlier priority for goods in Class 30. The PPO dismissed the opposition and ruled that both trade marks are identical, but Mieszko is a male name of Slavic origin, and the goods differ to the extent that there is no risk of consumers confusion. The very similarity of the signs, however, cannot be a sufficient argument to invalidate the right of protection for the word mark.

The Voivodeship Administrative Court in Warsaw in its judgment of 17 March 2009 case file VI SA/Wa 1873/08 dismissed the complaint.