Trade mark law, case Sp. 468/11

May 17th, 2012, Tomasz Rychlicki

On 26 October 2009, the Polish Patent Office registered the figurative trade mark R-221206 for goods in Classes 16, 35 and 44. This sign was applied for Fundacja na Rzecz Osób Niewidomych i Niepełnosprawnych “POMÓŻ I TY” z Gdyni (the Foundation for the Benefit of the Blind of Disabled People “YOU CAN HELP TOO”).


European Union represented by the Commission filed a notice of opposition to the decision of the Patent Office on the grant of a right of protection, claiming that the trade mark incorporated symbols of the EU flag. The Adjudicative Board of the PPO in its decision of 11 May 2012 case no. Sp. 468/11 dismissed the request anddecided that the questioned trade mark is quite distinct from the heraldic of the EU flag, with no resemblance to it.

This decision is not final yet. The EU may file a complaint to the Voivodeship Administrative Court. See also “Trade mark law, case Sp. 158/08” and “Trade mark law, case II GSK 555/09“.