1 April 2011Jurisdiction reportsMonika Wieczorkowska

When can non-use be justified?

A Polish company Sniezka Invest filed a request with the Polish Patent Office for a declaration that the word and device trademark registration ‘Goplana Michalki’ had lapsed. The mark was registered in the name of Jutrzenka in class 30 for chocolate candies. Sniezka Invest claimed that the mark has not been genuinely used in Poland for five successive years since the right was granted.

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