Trade mark law, case no. Sp. 30/11

October 23rd, 2012, Tomasz Rychlicki

On 27 February 2009, the Polish Patent Office granted the right of protection for the word trade mark PARADA R-215899 applied for the goods in Class 18 such as leather and imitations of leather, and goods made of these materials and goods in Class 25 such as clothing made of natural and synthetic materials, leather garments, footwear, headgear, by the Polish company HenMar sp. z o. o. from Dębica.

IR-650695

PRADA S.A. from Luxembourg filed a notice of opposition. The company argued that the trade mark PARADA is confusingly similar to its word-figurative trade mark PRADA IR-650695 registered in Poland with the earlier priority of 1995, for goods in Class 18 and Class 25.

The Adjudicative Board of the Polish Patent Office in its decision of 12 October 2012 case no. Sp. 30/11 ruled that PARADA and PRADA are not similar. In the opinion of the PPO, although compared signs are composed of similar letters, however, the deciding factor was the conceptual aspect of both trade marks. In Polish, the word “parada” has a specific meaning and means, among others, spectacular show with the participation of many people (parade). The PPO decided that the semantic aspect proves that both signs will be perceived differently and there is no risk of misleading the public as to the origin of goods. Further allegations, based on the reputation of PRADA trade mark, have become, therefore, irrelevant. The decision is not final yet. The complaint may be filed before the Voivodeship Administrative Court in Warsaw.