Trademarks
A trademark is a sign that distinguishes the goods and services of one undertaking from the goods and services of another undertaking.
Any sign that is capable of distinguishing the goods and services of one undertaking from the goods and services of another undertaking and that can be represented on a trademark register in a manner which enables one to determine the clear and precise subject matter of granted protection may be a trademark. The following, in particular, may be trademarks: words, graphic signs, combinations of colours, three-dimensional forms, including the shapes of goods or of the packaging, and sounds.
Protection of a trademark is obtained by its registration.
The right in registration of a trademark is particularly important in the process of brand building.
The basic condition determining registration of a trademark is whether it is sufficiently distinctive in respect of the goods or services that will be designated by that trademark.
A trademark may be registered in favour of both natural and legal persons. The applicant may be represented by an attorney who will conduct the process of registration on his or her behalf.
A trademark is protected for 10 years from the date of its filing with Polish Patent Office. This term may be extended for subsequent 10-year periods.
Yes, there are. The law provides for a number of restrictions on the registration of trademarks. These can be divided into the so-called absolute grounds for refusal (e.g. descriptive character of a trademark) and relative grounds for refusal (e.g. earlier rights of third parties – already registered trademarks).
It is the date according to which trademark registrability is assessed. The priority date is usually the date of first filing of a trademark application with a respective patent and trademark office.
The entity in whose favour a trademark is protected has the exclusive right to use this mark in the course of trade. In particular, such entity has the right to place the trademark on goods covered by the trademark registration, their packaging and on documents used when putting these goods on the market; the trademark may also be used for advertising purposes.
Trademark searches to assess registrability of trademarks may be conducted by a trademark attorney.