III RN 218/01
AI generated
Supreme Court dismisses extraordinary review regarding trademark invalidation for descriptive signs lacking distinctiveness.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the extraordinary review against the Patent Office's decision to invalidate a trademark registration. The applicant argued that the sign '100 PANORAMICZNYCH' was merely descriptive and lacked distinctiveness, while the Patent Office contended it was a generic term for crossword puzzles. The court held that the lower administrative body correctly assessed the lack of original and secondary distinctiveness based on the evidence, finding no procedural violation.
Legislator headnote
AI generatedArt. 7 ust. 1 k.r.s.; Art. 393 § 12 k.p.c.: A trademark registration may be invalidated if the sign lacks inherent or acquired distinctiveness, and an extraordinary review is only admissible upon a flagrant violation of law.
Keywords
AI generated
trademark invalidation
distinctiveness assessment
descriptive sign
extraordinary review
Patent Office
procedural violation
generic term
Cited Legislation
AI generatedArt. 7 ust. 1 k.r.s.
Art. 393 § 12 k.p.c.
Art. 10 of the Act of March 1, 1996 on changes to the Code of Civil Procedure
Act of January 31, 1985 on trademarks
art. 28 k.p
art. 97 § 1 pkt 4 k.p
art. 39312 k.p.c