Supreme Court dismisses extraordinary review regarding trademark expiration due to seller's business cessation.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the extraordinary review filed by the Patent Office President against decisions declaring a trademark expired. The trademark was originally registered for a trade association, but a subsequent administrative order transferred the registration rights to a specific company that continued its business operations. The court held that the trademark's expiration must be evaluated based on the current registered owner, not the former seller who ceased operations.
Legislator headnote
AI generatedArt. 25 ust. 5 pkt 5; Art. 421 § 1 k.p.c.: The expiration of a registered trademark right is determined by the current registered owner established in final administrative decisions, and cessation of business by a former owner does not constitute grounds for expiration if the current owner remains active.