Marzena Białasik-Kendzior
If you use a trademark in Spain, you are also using it in the European Union
20.02.2020
European Court of Justice, intellectual property
Genuine use of a trademark in the EU as a whole may be proved in certain circumstances by showing use of the mark in a single member state.
Abolition of the graphical presentation requirement for national trademarks
21.03.2019
already in force, intellectual property
One of the changes in the amendment of the Industrial Property Law is that there will no longer be a graphical presentation requirement for trademarks. From 16 March 2019, it is possible for trademarks to be presented in any form using generally available technology, provided that they are presented in a clear, precise, independent, understandable, durable, objective, and easily accessible manner.
Distinctive character of a trademark
20.09.2018
Supreme Administrative Court, intellectual property, Province Administrative Court
To obtain protection for a trademark the owner must prove that a sign has a distinctive character, i.e. it is not merely descriptive. But it is often unclear whether this is the case.
Origin matters: The power of geographical indications for alcoholic beverages
07.06.2018
intellectual property
Some categories of goods, such as agricultural produce, foods and spirits, are valued by customers primarily because of the exceptional natural conditions of their town, region or country of origin, or because of their traditional production methods. Authorised producers use geographical indications for their products to underline this uniqueness.
Can a figurative trademark also be a position trademark?
22.03.2018
other courts, intellectual property
Genuine commercial exploitation of a trademark can also be shown when a position trademark is used in combination with other graphic elements.
Radical changes in trademark law
31.03.2016
already in force, intellectual property
The fairly long waiting time for registration of trademarks at the Polish Patent Office often means that instead of seeking protection in Poland, businesses decide to register with the European Union Intellectual Property Office (EUIPO, formerly OHIM). Although much more expensive, proceedings there are generally fast and simple. Major changes have now been made to Poland’s Industrial Property Law with the aim of making the Polish Patent Office more competitive with EUIPO.
Registration of “Poland” trademarks will be easier to obtain
31.03.2016
already in force, intellectual property
Apart from the recognition of letters of consent, a major change in trademark law already in force is the possibility of registering a mark containing the name Polska or Poland (or the abbreviations RP or PL), or the name of a Polish locality, without the need to obtain the consent of the relevant authorities.
Major changes to the Industrial Property Law
28.05.2015
project, intellectual property
A long-awaited bill to amend the Industrial Property Law of 30 June 2000 was submitted to the Sejm on 12 March 2015. The proposed changes affect dozens of regulations. The bill would repeal some existing provisions but also introduce new features to the law.
The renown of a famous trademark must be proved
04.07.2013
intellectual property
There is no statutory definition of a “renowned” trademark under EU or Polish law, but the concept functions in legal practice, and reliance on a renowned trademark may be an important argument in the event of litigation.
No two faces are quite the same
06.12.2012
European Court of Justice, intellectual property
An industrial design, which protects the external appearance of a product, may not be the same as a trademark, which designates the origin of goods. Thus there may be a conflict between the registration rights to a design and a trademark.
Polish branch of a foreign business cannot register a trademark
11.10.2012
intellectual property
If a foreign business entity is interested in protecting a trademark in Poland, it must apply for registration of the mark in its own name. The Polish branch of the foreign business will not obtain registration of the mark.
Goods and the service of selling them-a trademark sandwich
08.09.2011
intellectual property
Under trademark law, the service of selling products is considered inseparable from the products themselves.