The registration right regarding a 3D shape trade mark in the form of a delicje biscuit R-116211 has been invalidated
Act of 30 June 2000 Industrial property law (Dz.U. z 2023 r. poz. 1170)
link to provision: https://isap.sejm.gov.pl/isap.nsf/download.xsp/WDU20010490508/U/D20010508Lj.pdf
Article 315 Acquired rights
1. Rights conferred in respect of inventions, utility models, ornamental designs, topographies of integrated circuits, trade marks and rationalisation projects, existing at the time of entry into force of this act, shall remain effective. The previous provisions are applicable to these rights, unless the provisions of this part stipulate otherwise.
2. Legal relationships established prior to the entry into force of this Act shall continue to be governed by the previous provisions.
3. Statutory requirements for the grant of a patent, a right of protection or a registration right shall be assessed under the provisions effective at a date of filing with the Patent Office of an application concerning an invention, a utility model, a trade mark or topography of an integrated circuit. However, the provision of Article 37(2) shall apply to patent and utility model applications pending at the date of entry into force of this act.
The decision of the Polish Patent Office of 26.03.2003, which invalidated the registration right to a 3D shape trade mark in the form of the delicje biscuit – is extremely important, as the foreign concern invoked the registration of this mark and thus blocked production in at least five Polish enterprises. The situation for Polish employers and employees was frighteningly dangerous. Common courts were lost in assessing the legal status of the case (in the end, in four cases out of five, the foreign concern’s claims were upheld).
The cancellation of the 3D shape trade mark R.116211 came about after a process lasting many months. The final hearing of the case lasted nearly ten hours. On 26.03.2003, at 10:00 p.m., Ms Magdalena ZAMILSKA, the Examiner, announced the decision of the Polish Patent Office to invalidate the registration of the mark R.116211.