Tax law, case II FSK 412/08

August 8th, 2010, Tomasz Rychlicki

The Supreme Administrative Court in its judgment of 28 August 2009 case file II FSK 412/08 held that in case of depreciation of trade mark rights in tax practice, according to the established case-law, it is assumed that the trade mark rights are meant only as rights to a registered trade mark, i.e. sign, in respect of which a right of protection has been granted by the Polish Patent Office. Unregistered trade marks, including the application for trade mark registration, are not deemed as such rights. Only after the registration of such a trade mark, it may be entered in the register of intangible assets and then depreciated for tax purposes.