A Polish entrepreneur requested the Polish Patent Office for the invalidation of the word trade mark “panorama religii” R-145419, claiming the it owns copyright to the aforementioned sign. The PPO decided to stay the proceedings and ordered the applicant within two months from the date of receipt of the order to file a suit to the civil court with regard to establishement of copyrights to the disputed trade mark. The applicant was also ordered to provide the PPO with certified copies of the suit within two months from the date of receipt of the order. The applicant did not file such a suit and stated that he will not take those steps. After filing another motions this case went to the administrative court.

The Voivodeship Administrative Court in Warsaw in its judgment of 28 July 2010 case file VI SA/Wa 2178/09 held that whether there was an infringement of civil jurisdiction, in this regard, the matter will be subject to review by the Court on the complaint against the merits of the PPO’s decision.

Categories: Art. 100 §3 APC | Art. 97 §1 APC | Polish Administrative Proceedings Code | trade mark invalidation | trademark law | Voivodeship Administrative Court.