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ARTICLE · 12 AUGUST 2009

Protection For Well-Known Trademarks

CMS Cameron McKenna Nabarro Olswang
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A trademark cannot be registered if it would affect the renown of an earlier well-known trademark, according to the Polish Patent Office.

PolandIntellectual Property
Daniel Hasik
Daniel Hasik
Anna Kobylańska
Anna Kobylańska

A trademark cannot be registered if it would affect the renown of an earlier well-known trademark, according to the Polish Patent Office.

The trademark 'Dakar' was registered by a Polish company of the same name for services such as car cosmetics, car repair and tuning. This was annulled by the PPO because it might affect the trademark Paris–Dakar, well-known in Poland because of the Paris – Dakar rally that first began in 1978.

Under Polish law, trademark protection will not be granted for marks that are the same as or similar to a well-known trade mark if (without due cause) it would bring unfair advantage to the applicant or be detrimental to the distinctive character or the repute of the earlier trade mark.

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