Monika Wieczorkowska
Intellectual property after Brexit
The United Kingdom ceased to be a member of the European Union on 1 February 2020, and the transition period is drawing to an end on 31 December 2020. What will happen with intellectual property from 1 January 2021? How will trademarks, industrial designs, and patents be registered in the EU and the UK? Will the territorial scope of protection of existing rights change? What about .eu domains held by individuals and companies based in the UK? The changes will impact the operation of businesses currently benefitting from rights awarded across the EU. Now they must adapt to the changes and comply with new obligations.
The name of the game: Video game titles and trademark protection
Sometimes a video game’s title is one of the game development company’s most important assets. Properly selected, secured and promoted, it may constitute a valuable source of income for a long time. Therefore, at an early stage of work on the game, it is worth making an appropriate application to the register, bearing in mind that in the case of trademarks, the principle of “first come, first served” applies. A well-thought-out strategy for selecting and registering a video game title can also save a lot of nerves and money after the game is launched on the market.
Protection of catchphrases from films and TV shows
Catchphrases are intriguing not only as a phenomenon of social communication. They can also develop an economic dimension if they have marketing appeal. Consumers eagerly purchase T-shirts and gadgets decorated with amusing sayings, as a medium for expressing their own personality and preferences. What counts in this situation is to be the first to register the phrase.
Type of trademark and evaluation of its genuine use
The Court of Justice has finally resolved the case of an EU trademark displaying an X on the side of a sports shoe. The German company Deichmann SE sought revocation of the registration, claiming there was no genuine use of the mark.
Collective mark and guarantee mark
An amendment to the Industrial Property Law has led to changes regarding particular types of trademarks such as collective marks and guarantee marks. Collective marks were included in the previous version of the act, but the guarantee mark is something new, replacing the collective guarantee mark. This will have certain implications for businesses.
Can the popularity of a brand result in loss of trademark?
Trademark proprietors try to promote their brands so they become known and recognisable among customers, achieving greater distinctiveness and even repute. A famous brand is the dream of every trademark owner. But sometimes exceptional popularity proves damaging to the brand. Then the trademark can become eroded or genericised.
The Patent Office also recognizes the specifics of the cosmetics market
The cosmetics market is growing and with it the number of different trademarks reported for this type of products. Therefore, conflicts between trademark registrations are inevitable. Their assessment is essentially the result of an assessment of the similarity of the compared goods and the similarity of the compared trademarks.
The Domestos bottle: Registration of three-dimensional trademarks
Recent case law from Poland and the EU shows that it is tough to gain protection for a 3D trademark in the form of the shape of a product. Maintaining the protection of such a mark may also be a problem.
Radical changes in trademark law
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
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.
Change in trademark registration system
The second amendment to the Industrial Property Law, which enters into force on 15 April 2016, introduces major changes in the procedure for obtaining protective rights to a trademark—replacing the current examination system with a register system.
Easier to revoke or invalidate a trademark
The amendment of the Industrial Property Law entering into force on 15 April 2016 also introduces major changes in regulations governing the loss of the protective rights to trademarks.
