Trademarks are used to distinguish products, goods or services. When companies want to protect their own trademark, they may oppose a trademark in Poland, if the new trademark resembles their own. Our Polish lawyers can provide detailed information about the trademark opposition procedure in Poland, as well as useful information for registering a trademark in Poland.
We invite you to watch a video about trademark oppositon in Poland:
Trademarks in Poland
Natural or legal persons in Poland can apply for a trademark registration and are allowed to own trademarks in Poland. Collective trademarks are another option, however, special conditions apply when groups of persons want to register a trademark. Foreign entrepreneurs can also apply for a trademark in Poland, but they must have a Polish representative, usually a Polish attorney.
Trademarks are protected in Poland if they clearly differentiate one product or service from another similar product or service. Trademarks in Poland can be: signs, words, designs, ornaments, colors, combinations of colors, 3D shapes and even sounds.
Trademark applications can be refused if they do not meet certain specific criteria. Our lawyers in Poland can help you register your trademark in Poland.
Trademark opposition in Poland
Trademarks may not be registered if they conflict an earlier trademark also registered in Poland or if they conflict other rights, such as copyrights, company names, industrial designs. Trademark owners in Poland can oppose the decision to register a new trademark within six months after that trademark was published in the Polish Patent Office Bulletin. If the new trademark is indeed conflicting another trademark, then the second one will have its registration removed.
A trademark can be opposed (invalidated) in whole or in part and the request for the invalidation procedure can be filed by any person or legal entity directly interested. Trademark oppositions are no longer considered valid if the opposition is filed five years after the registration has been made. After this period it is considered that the trademark has already acquired its own distinctiveness through use.
The trademark opposition procedure in Poland is performed by the Litigation Division of the Patent Office. Our law firm in Poland can help you request an opposition, revocation or invalidation for a trademark in Poland. Please contact our office for more information.
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