Unused trademark rights can be revoked even where invalidation
proceedings are ongoing before the Patent Office, according to the
Supreme Administrative Court.
Under Polish IP law, trademark rights may be revoked if not put to
genuine use before the fifth anniversary of the date on which the
rights were granted. The use must relate to the goods or
services in respect of which the right is registered.
However, the rights will not be revoked if there is an important
reason for non-use. According to the Supreme Administrative Court,
the mere fact that invalidation proceedings have been issued does
not constitute an important reason that would justify non-use of
the trademark by the right holder.
The court rejected arguments from the holder of the "Goplana
MICHAŁKI" trademark that using the trademark while
invalidation proceedings were ongoing would expose him to the risk
of claims by his competitors.
The court ruled that non-use could be justified for natural or
legal obstacles, such as force majeure, but had not been prevented
by the invalidation proceedings.
Law: Industrial Property Law Act
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The original publication date for this article was 02/03/2011.