In Poland, trademarks are a crucial aspect of intellectual property protection. They serve to distinguish goods or services provided by one business from those of another, safeguarding both the business’s reputation and the consumer’s trust. With the evolving business landscape, protecting trademarks and addressing infringement issues are more important than ever. Recent updates to Polish and EU trademark laws make it essential for individuals and businesses to understand their rights and responsibilities regarding trademark protection.
What Is a Trademark?
A trademark is any sign, symbol, name, logo, slogan, or even sound that identifies and distinguishes the goods or services of one entity from others. Trademarks can be registered for individual or commercial use, granting the owner exclusive rights to use the mark in connection with specific goods or services.
In Poland, trademarks are primarily governed by the Industrial Property Law Act of 30 June 2000 and aligned with the EU Trademark Regulation (EUTMR) for trademarks registered under the European Union Intellectual Property Office (EUIPO).
Trademark Registration Process in Poland
To secure exclusive rights to a trademark, individuals must register it with the Polish Patent Office (Urząd Patentowy RP) or, for broader protection, with the EUIPO. Below are the key steps:
Conducting a Trademark Search:
Before applying, it is essential to ensure the trademark is not identical or confusingly similar to existing trademarks. This reduces the risk of rejection or disputes.
Filing the Application:
Submit an application to the Polish Patent Office or EUIPO, detailing the mark, the goods/services it applies to, and relevant classifications under the Nice Classification system.
Pay the required filing fees, which vary based on the type and scope of the application.
Examination and Publication:
The authorities review the application for compliance with legal requirements.
If approved, the mark is published to allow third parties to oppose the registration within three months.
Registration and Protection:
Upon successful registration, the owner receives exclusive rights to use the trademark in Poland (or across the EU, if registered with the EUIPO). The protection period lasts for 10 years and can be renewed indefinitely.
Trademark Infringement in Poland
Trademark infringement occurs when a third party uses a mark that is identical or confusingly similar to a registered trademark without the owner’s consent, resulting in potential damage to the owner’s rights or reputation.
Common examples of trademark infringement include:
Counterfeiting: The production and sale of counterfeit goods bearing the registered trademark.
Unauthorized Use: Using a similar mark in a way that causes confusion among consumers.
Dilution: Use of a trademark that diminishes its uniqueness or reputation.
Legal Remedies for Trademark Infringement
Under Polish law, trademark owners can take the following actions to address infringement:
Cease-and-Desist Letter:
A formal notice demanding the infringer to stop using the trademark immediately.
Civil Lawsuits:
File a claim in the Intellectual Property Court to seek remedies such as:
Injunctions to stop the unauthorized use.
Compensation for financial damages caused by the infringement.
Destruction or confiscation of counterfeit goods.
Customs Enforcement:
Register the trademark with customs authorities to prevent counterfeit goods from entering the Polish or EU market.
Criminal Proceedings:
In cases of deliberate counterfeiting or trademark misuse, criminal charges can be pursued, leading to fines or imprisonment for the infringer.
Recent Developments in Trademark Law in Poland
The following updates reflect Poland’s alignment with EU trademark regulations:
Broader Definition of a Trademark:
Non-traditional trademarks, such as holograms, sounds, or multimedia marks, are now eligible for registration.
Enhanced Protection for Well-Known Marks:
Marks with significant recognition enjoy protection even for unrelated goods/services if their reputation is at risk.
Faster Opposition Procedures:
Streamlined processes for opposing trademark registrations help owners act swiftly to protect their rights.
EU Trademark Court Jurisdiction:
Trademark disputes related to EU trademarks can now be litigated in designated courts within Poland.
Why Choose Our Professional Assistance?
Navigating trademark registration and addressing infringement claims can be complex. Engaging our expert services ensures your trademark rights are fully protected. At eLegal Consultants, we provide:
Comprehensive trademark searches to avoid conflicts.
Strategic guidance for registration in Poland and the EU.
Robust legal representation in infringement claims.
Ongoing support for trademark renewals and portfolio management
