The registration right regarding a 3D shape trade mark in the form of a delicje biscuit R-116211 has been invalidated

The judgment of the Voivodeship Administrative Court dismissed the complaint against the decision by which the Polish Patent Office invalidated the registration right to the 3D shape mark delicje. In relation to delicje biscuits, the said 3D shape mark cannot perform the function of a trademark. Indeed, the trade mark cannot be identified with the goods themselves.