When trademark and industrial design collide
Dziennik Gazeta Prawna published an article by Wojciech Gierszewski entitled “When registered design and trademark collide – trademark prevails” containing an analysis of the judgment of the CJEU of March 6, 2019 (case no. C-693/17P). In the facts of the case there was a collision between an industrial design, registered in the category of packaging, for the benefit of a Polish entrepreneur – BMB sp. z o.o. (No. RCD-826 680-0001), which is a transparent box for dragées with rounded corners, and the known packaging of dragées (Tic Tac), a registered trade mark for sweets consisting in a transparent shape of the packaging (No. 405177). The author of the article analyses the relation between a trademark and an industrial design and concludes that the scope of protection of a trademark is wider than that of an industrial design. This means that if an industrial design was confronted with an earlier design and the collision was assessed on the basis of individual character the outcome of the assessment would be different than on the basis of the prerequisite that a distinctive sign is used in a subsequent design.
Direct link to publication below:
On 7 September 2023, the CJEU ruled in Case C-832/21 on a motion for a preliminary ruling under Article 267 of the Treaty on European Union filed by Oberlandesgericht Düsseldorf (the Higher Instance National Court in Düsseldorf,...
On September 6, 2023, the EU General Court ruled in Case T-312/22 concerning the RED BRAND CHICKEN trademark (EUTM 13 068 861) and invalidated EUIPO's decision that the below-presented EUTM 13 068 861 trademark was registered in bad faith. The parties in dispute...
Poland has not yet promulgated any legal acts regulating artificial intelligence due to the fact that – like in many other EU member states – the legislators are waiting for the adoption of relevant EU regulations, i.e. the AI ACT and the Artificial Intelligence...
We invite you to contact us
Sobieszyńska St., no. 35
tel. +48 664 948 372