The Polish Patent Office invalidated the right of protection for the word-figurative trade mark Veraderm żel silikonowy R-167213 registered for goods in Class 5 and owned by P.A.D. Technologies Ltd. Spółka z o.o. The request was filed by the producer of Zerader gel, who claimed that the trade mark in question is similar to the name of its product and that the Polish company acted in bad faith.

The Voivodeship Adminsitrative Court in its judgment of 15 January 2010 case file VI SA/Wa 1970/09 repealed the contested decision and held it unenforceable. The Court ruled that similarity of signs cannot serve as a basis in recognition of bad faith. The Court also noted that the oppositon was brought after the prescribed term has expired and there was no adequate justification for it. Such formal errors lead to the outcome of the judgment.

Categories: Art. 145 PBAC | Art. 156 §1 pt 2 APC | Art. 164 IPL | Art. 246 IPL | Art. 252 IPL | Art. 255 IPL | Polish Act on Industrial Property Law | Polish Act on Proceedings Before Administrative Courts | Polish Administrative Proceedings Code | Polish Patent Office | trade mark invalidation | trademark law | Voivodeship Administrative Court.