Trademark law - both European and national - prohibits the registration as a trademark of a sign that contains elements of high symbolic value, state symbols or other official or officially accepted elements for use in commerce, e.g. safety marks, quality marks, etc. These elements can therefore be grouped into 3 sets:
- elements of high symbolic value;
- State symbols;
- signs officially or officially accepted for use in commerce.
Elements of high symbolic value
The trademark legislation indicates only an exemplary catalogue of elements of high symbolic value, e.g. elements of a religious, patriotic or cultural nature, the use of which would offend religious feelings, patriotic feelings or national tradition. In assessing whether a sign has a high symbolic value, consideration should be given to:
- certain established and ingrained values;
- the assessment of the sign from the point of view of its use in trade as a trademark and not from the point of view of its nature;
- the risk of possible infringement of religious sentiments, patriotic feelings, or national traditions rather than actual infringement.
Examples of refusal to register a sign as a trademark due to the high symbolic value of the sign - the case of Poland:
Application no: Z.295156; Application for class of goods: 3, 9, 14, 16, 18, 19, 20, 21, 25, 26, 28, 30; among others: deodorants, sunglasses, bracelets, key rings
Application no: Z.124896; Application for class of goods: 16, 24; among others: photographic materials, textiles and textile products, bed and table covers
Signs containing the symbols of the Republic of Poland
As a rule, it is not possible to register a sign which uses the symbols of the Republic of Poland, such as the emblem, the colours, or the anthem. The provisions of the Industrial Property Law also mention: a sign of the armed forces, a paramilitary organisation or law enforcement forces, a reproduction of a Polish order, decoration or badge of honour, military badge or insignia, or any other official or commonly used decoration and badge, in particular of a governmental or local self-government administration or a social organisation acting in the important public interest, when the area of activity of this organisation covers the whole country or a considerable part thereof, if the applicant does not demonstrate the right, in particular the permission of a competent State authority or a local self-government authority, or the consent of the organisation, to use the sign in trade.
Examples of refusals to register signs containing the symbols of the Republic of Poland
Application no: Z.420391; Application for class of goods: 36, 39; services: organisation of collections, fundraising for charity, delivery of parcels
Application no: Z.377208; Application for class of goods: 14; among others: precious metals and their alloys, jewellery, jewellery, precious stones
Application no: Z.235527; Application for class of goods: 9, 16, 35, 41, 42; among others: computer programs, calendars, catalogues, manuals, stationery
However, as of 1 December 2015, it is possible to register trade marks containing the name Rzeczpospolita, Polska or the abbreviation Rzeczpospolita Polska, the abbreviations RP, PL.
Registration no: R.299102; Application for class of goods: 9, 16, 18, 21, 22, 24, 25, 28, 35, 38, 41, 45; Entitled: State Treasury represented by the Minister of Agriculture and Rural Development
Registration no: R.307958; Application for class of goods: 42; Services: services related to registration and maintenance of Internet domains; Entitled: Scientific and Academic Computer Network