Recently, a profile called “Fit Matka Wariatka” has appeared on social media, focusing on a healthy lifestyle and various fitness activities. Due to its growing popularity, the author decided to register a company, namely Fit Matka Wariatka spółka z ograniczoną odpowiedzialnością. The company applied to the Patent Office of Poland some time ago to register the mark “Fit Matka Wariatka”. The trademark was registered, among other things, for smartphone applications, computer applications, and primarily for advice and a healthy lifestyle (healthy eating, meal plans, etc.).
Unfortunately, the Patent Office of Poland refused to register the mark in question because the combination of the words “wariatka” and “matka” is contrary to good morals and public order. The disputed mark contains a vulgar term combined with a term referring to a woman who deserves respect.
The applicant disagreed with this decision and appealed it to the court. In the justification, it was stated that the reasoning of the authority was flawed, as “wariatka” does not constitute vulgar language, and society does not perceive the word negatively, but rather the opposite. The designation as a whole does not depreciate “mother” in any way, and the key element of the entire trademark is the word “fit,” which refers to a healthy lifestyle. Therefore, the use of “wariatka” is only intended to emphasize the positive perception and, in a way, to encourage engagement with it. Furthermore, the entire trademark should be assessed in the context of the perception of other users, which, in the case of “Fit Matka Wariatka,” is not perceived as vulgar by users.
The Voivodeship Administrative Court upheld the decision of the Patent Office of the Republic of Poland, as well as its previous reasoning. It was stated that the combination of the words “mother” and “crazy woman” would be perceived negatively by people who do not view the word “fit” positively. This refers to people who are not familiar with the brand and come across it by chance. Therefore, it cannot be assumed that the entire designation will always be perceived humorously.
Still disagreeing with this reasoning, the ruling was appealed to the Supreme Administrative Court.
Unfortunately, the Supreme Administrative Court also upheld the reasoning of the Voivodeship Administrative Court and the Patent Office of the Republic of Poland regarding the refusal to register the trademark “Fit Matka Wariatka.” According to the Supreme Administrative Court: “Therefore, the court of first instance correctly accepted the position of the authority, referring to generally accepted and socially accepted norms of conduct, including the protection of human dignity, when assessing the inconsistency of the applied trademark with good morals. The appellant’s argument in the cassation appeal boils down to a dispute with the assessment accepted by the court of first instance, which, in the opinion of the Supreme Administrative Court, also does not exceed the limits of free assessment.”
In view of the above, by the judgment of September 28, 2021 (case file number II GSK 829/21), the Supreme Administrative Court dismissed the cassation appeal.
Fill out the form and we will get back to you within the next … with a preliminary quote.
