The Voivodeship Administrative in its judgment of 5 August 2010 case file VI SA/Wa 839/09 decided on the complaint  of the holder of the Polish trademark registration DSC R-82966 against the decision Sp. 2/98 of the Polish Patent Office of 28 January 2009 on invalidation of this trademark.

The VAC has not examined substantive issues of the matter because as it has stated the decision of the Polish Patent Office is too general and it does not specify documents on which the Polish Patent Office has based its findings. In the Court’s opinion the Polish Patent Office quoting his findings has only used the phrase “it results from the submitted documents that…”, instead of giving precise description of each relevant document, which prevents the Voivodeship Administrative Court from presenting its opinion on the correctness of the questioned decision. In view of above, the complaint has been accepted and the matter has been transferred to the Polish Patent Office for reexamination.

Categories: Art. 107 §3 APC | Art. 145 PBAC | Art. 152 PBAC | Art. 164 IPL | Art. 252 IPL | Art. 315 IPL | Art. 7 APC | Art. 77 APC | Art. 80 APC | bad faith | likelihood of confusion | Polish Act on Proceedings Before Administrative Courts | similarity of signs | trade mark invalidation | Voivodeship Administrative Court.