The Polish Patent Office in its decision of June 2010 case file Sp. 334/05 invalidated the right of protection for the word-figurative trade mark CZUWAJ R-152214 (in English: “Be Prepared”) registered for Związek Harcerstwa Polskiego (ZHP). See “Trade mark law, case Sp. 334/05“. ZHP filed a complaint against this decision.

The Voivodeship Administrative Court in its judgment of 14 April 2011 case file VI SA/Wa 2154/10 dismissed it. The Court agreed with the PPO that ZHP filed the questioned trade mark in bad faith. The VAC held that the trade mark application at issue violated the principle of free access to the scouting symbols that were traditionally used by different organizations. In 1990, the Polish legislator abolished this kind of “exclusive privilege” to use the symbols and insignia of the scout movement that was previously granted to ZHP. Despite the intentions of the legislator, ZHP somehow tried to restore this kind of monopoly by applying for the right of protection. The judgment is not final yet.

Categories: Art. 107 §3 APC | Art. 315 IPL | Art. 7 APC | Art. 77 APC | Art. 8 APC | Art. 8(1) TMA | Art. 80 APC | bad faith | Polish Act on Industrial Property Law | Polish Act on Trade marks | Polish Administrative Proceedings Code | trade mark invalidation | trademark law | Voivodeship Administrative Court.