Oppose a Trademark in Poland

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Oppose a Trademark in Poland A presentation brought to you by LawyersPoland.eu 1

Transcript of Oppose a Trademark in Poland

Oppose a Trademark in Poland

A presentation brought to you by LawyersPoland.eu

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The Use of Trademarks in Poland

• Polish companies can distinguish themselves from other competitors on the market through an unique trademark.

• Foreign corporations are also interested in trademark registration when they enter the Polish market.

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Trademark Registration in Poland

• Only registered trademarks are recognised in Poland.

• The Patent Office of the Republic of Poland receives, examines and decides upon the received trademark applications.

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The Particularities of a Trademark in Poland

• A trademark in Poland is used to clearly differentiate one product or company from another similar one.

• These can be signs, words, designs, colours, 3D shapes or combinations thereof. Our lawyers in Poland can detail these requirements.

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Trademark Opposition in Poland

• The registration of a trademark can be stopped if it does not observe the existing criteria or if it infringes an existing one. The intellectual property law confers them this right.

• Company owners in Poland can oppose another’s decision to register a trademark if the certain sign or symbol conflicts their own.

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How to Oppose the Registration of a Trademark

• The Litigation Division of the Patent Office handles the trademark opposition procedure.

• Trademarks owners who were wronged have a limited amount of time to file their registration once the infringing new trademark is published in the Polish Patent Office Bulletin. We can help you handle this through a power of attorney.

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Partial or Whole Trademark Invalidation

• Trademarks may be wholly or partly invalidated. The invalidation procedure may be filed by a natural or legal person that is directly concerned by the infringement.

• Our team of lawyers in Poland can help you gather the evidence and documents needed for the opposition.

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The Expiration of the Invalidation

• Trademark oppositions are no longer valid if they are filed after a long time. This time limit is five years after the new trademark was registered.

• Trademarks that were not marked as infringing at the time of their registration may acquire their distinctiveness through use. Company owners in Poland can find out more about this from our lawyers.

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The Company’s Identity in Poland

• Trademarks comprise only a part of a Polish company’s identity.

• The name of the company is also important and it must be unique. In order to make sure that they acquire the desired company name and that they do not make any infringements, company owners can reserve the company name in Poland.

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Legal Aid in Poland

• If you need to register a trademark or oppose one that infringes your own, a team of experienced lawyers in Poland can help you.

• You can contact us for any questions regarding the intellectual property law.

Thank You for Your Attention!

For more information please contact us at:

 (+44)203-287 0408 (for international clients)

[email protected]

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