COLLECTIVE TRADEMARKS
cancellation registration
Te parties that filed the request for argued that of
the individual the trademark in the
organisation’s name was morally wrong and violated the principles of commercial integrity. Te PPO dismissed the request, arguing that the parties did not have a legal interest as the mark did not violate any rights of the parties. According to the PPO, the mark’s registration did not limit in any way the rights of the parties to freely use ‘Pollena’ as a trademark and company name, because the parties were still able to enjoy this right based on the regulations on use of collective trademarks. However, the District Administrative Court
in Warsaw dismissed the PPO’s decision and the Supreme Administrative Court rejected a subsequent complaint against the district court’s ruling, finding the complaint groundless. So, both courts found that
the
parties that filed the request for cancellation did have a legal interest in requesting that the individual trademark ‘Pollena’ registered in the name of the organisation be cancelled. Obtaining protection for the new individual trademark by the organisation was relevant to the companies within it, which were authorised
“THE ASSOCIATED
COMPANIES WOULD LOSE CONTROL OVER THE FUNCTION PERFORMED BY THE COLLECTIVE TRADEMARK. THEREFORE, THE REGISTRATION OF THE INDIVIDUAL TRADEMARK ‘POLLENA’ WAS CANCELLED.”
to use the collective trademark. Te associated companies would consequently lose control over the function performed by the collective trademark. Terefore, the registration of the individual trademark ‘Pollena’ was cancelled. On January 9, 2015 the Supreme
Administrative Court issued a final judgment that ended proceedings for cancelling the trademark ‘Herbapol Wroclaw’. Te trademark rights had been obtained by one of the
companies associated with the organisation and which was authorised to use the collective trademark ‘Herbapol’. Te request to cancel the trademark ‘Herbapol Wroclaw’ (a combination of ‘Herbapol’ and the city name Wroclaw, where the registrant was based) was filed by the organisation owning the rights to the collective trademark ‘Herbapol’. It was argued that the trademark ‘Herbapol Wroclaw’ is similar to the earlier collective
a global association of Specialized IP Firms committed to exceptional client value through IP specific expertise CROSS-BORDER
GLOBALIZATION OF IP RIGHTS AND PROTECTIONS
IP September 30–October 2, 2015
OMNI KING EDWARD HOTEL TORONTO CANADA
58 World Intellectual Property Review May/June 2015
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