The Voivodeship Administrative Court in its judgment of 25 October 2010 case file VI SA/Wa 1122/10 ruled that a trade mark application and examination case cannot be decided based on general assumptions and in an automatic way, because it is always resolved with regard to its specific conditions and references. The Polish Patent Office is required to conduct proceedings in such a way as to increase the trust of citizens in the State bodies and public awareness and appreciation of the law. According to the mentioned above principles, the PPO is required to precisely explain the circumstances of the case, respond to all claims and allegations and to include both public interest and the interests of the party, in the decision rendered.

Categories: Art. 107 §3 APC | Art. 120(1) IPL | Art. 120(2) IPL | Art. 130 IPL | Art. 132(2)(ii) IPL | Art. 151 PBAC | Art. 162 IPL | Art. 245 IPL | Art. 7 APC | Art. 77 APC | Art. 80 APC | Polish Act on Industrial Property Law | Polish law | similarity of goods | similarity of services | similarity of signs | trade mark examination | trade mark refusal | Voivodeship Administrative Court.