Trade mark law, case Sp. 352/08

April 29th, 2011, Tomasz Rychlicki

Prywatne Biuro Podróży Sindbad Ryszard Wójcik from Opole, requested the Polish Patent Office to invalidate the word-figurative trade mark SINDBAD HOTELE R-172657 registered in Class 40 and 43 for services such as photographic film development and printing and accommodation and reservations, and owned by Przedsiębiorstwa Handlowo-Usługowego Sindbad s.c. Michał Ząbroń, Roman Mandyna from Kraków. Ryszard Wojcik is the holder of the word-figurative trade mark SINDBAD R-77988 registered with the earlier priority in Class 35 and 39 for services such as transporting of passengers and goods by car, organization of tourist trips, travel agencies and advertising agencies.


The Adjudicative Board of the PPO in its decision of 18 April 2010 case no. Sp. 352/08 invalidated the right of protection. The PPO held that there exists similarity of the signs and services. As for services, the PPO said that accommodation and travel agency services are related. This decision is not final yet. A complaint can be brought to the Voivodeship Administrative Court in Warsaw.