Trade mark law, case VI SA/Wa 301/12

July 23rd, 2012, Tomasz Rychlicki

On 21 December 2007, the Polish Patent Office granted the right of protection for the word trade mark TEFAPAK R-199130 for goods in Class 1 such as graphite for industrial purposes, in class 6 for base metal alloys, and in Class 17 for sealants.

E.I. du Pont de Nemours & Company filed a notice of oppostion, arguing that TEFAPAK is similar to its reputed trade mark TEFLON R-49573, that was registered with the earlier priority of 27 September 1968 for goods in Classes 1, 2, 17, 21 and 22.

The Adjudicative Board of the PPO in its decision 17 November 2010 case no. Sp. 388/09 dismissed the opposition. The PPO did not find any similarities between both trade marks. E.I. du Pont filed a complaint against this decsion.

The Voivodeship Administrative Court in its judgment of 11 July 2012 case file VI SA/Wa 301/12 dismissed it. The Court confirmed that, since the signs are not similar the reputation of an opposing trade mark is irrelevant. This judgment is not final yet.