Apple is activated in Poland - wants a declaration of invalidity A.PL

Apple applied to the Patent Office for cancellation of the trade mark belonging to company A.PL InternetSA - according to information TELEPOLIS.PL. 29th August, a meeting of the College on Contentious Patent Office that the request processed by Apple for cancellation of the mark. Apple turned to the college in connection with the recognition of its earlier objections made ​​in the registration of a trade A.PL as unfounded. The main allegations are konfuzyjne likeness of characters and the use of Apple's reputation. The hearing was adjourned. A.PL At the address are now online deli with home delivery. in College on Contentious Patent Office adjudicate independent experts. In the simplest terms, at the hearing the parties' arguments are analyzed in the context of the similarity of the goods and services as opposed trade mark and the identity or similarity of the two marks, and that as a result of the existence of these and other similarities, or identity, we can talk about the risk of so-called misleading. average consumer of those goods and services

- Says Tomasz Rychlicki TELEPOLIS.PL, a lawyer in the law firm of patent attorneys AOMB Poland . He added that if the argument is raised reputation, Apple is on the side of the College to prove that such a reputation exists, and that its use by the company

InternetSA can bring her undue advantage or be detrimental to, the distinctive character or the repute of the marks of Apple. difficult to assess the chances of defending the owner of the right of protection for a trademark A.PL without knowing all the arguments on both sides, but the interest will be watching this case - declared Rychlicki. The proceedings before the Patent Office may result in cancellation of the right of protection for a commodity or dismissal of an application made ​​by Apple. In both cases, the parties are entitled to appeal to the Regional Administrative Court in Warsaw. Judgment and the WSA may be subject to appeal before the Supreme Administrative Court. The dispute may take up to two or three years. Regarding the national law was not met so far with similar issues, but Apple is very active when it comes to protecting their rights to trademarks and industrial designs in the European Union and individual countries - Rychlicki added.

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