III RN 74/97
AI generated
Supreme Court quashes trademark refusal for historical name due to procedural errors in assessing social norms.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court of Poland quashed the Patent Office's refusal to register the trademark 'Jan III Sobieski' on cigarettes. The Patent Office and the Appeal Commission had rejected the mark based on a presumed violation of social norms regarding the commercialization of historical figures. However, the Supreme Court found that this assessment was arbitrary and violated specific procedural rules governing the evaluation of such norms.
Legislator headnote
AI generatedArt. 7, Art. 77 ust. 1 and Art. 80 KPA; The court established that a presumption of non-contradiction with social norms regarding historical names can be overturned if the administrative body fails to properly consider the evidence and violates procedural statutes.
Keywords
AI generated
trademark registration
social norms
procedural error
historical figures
Supreme Court review
Patent Office
arbitrary assessment
Cited Legislation
AI generatedArt. 7 KPA
Art. 77 ust. 1 KPA
Art. 80 KPA
Art. 393 § 1 KPC
Art. 10 of the Act of March 1, 1996 on amending the Code of Civil Procedure