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

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.