Procedural law, case VI SA/Wa 1855/11

April 19th, 2012, Tomasz Rychlicki

The Voivodeship Administrative Court in its judgment of 31 January 2012 case file VI SA/Wa 1855/11 dismissed the complaint against the refusal decision of the Polish Patent Office to grant the right of protection for the word trade mark GOLD CLA Z-330491. The Court held that the principle of citizens’ trust in state authorities and bodies, imposes on public authorities the obligation for lawful and fair conduct of the proceedings, which is expressed in a careful examination of the circumstances of the case, taking position to requests filed by parties and taking into account both the public interest and the legitimate interests of citizens in the issued decisions. However, this obligation cannot be based on the examination of the facts that were the basis for decisions taken in other specific, individual cases. All the circumstances which contributed to the registration of the trade mark in other proceedings for other entities are not circumstances that the Polish Patent Office should, and even could examine in a particular case.