POSITIONAL TRADEMARK
As I have already mentioned in my first article in this series ("Everyone can see what a trademark is like..." Part I), a trademark, according to legal definition, is any sign which is capable of...
01
Dec
Everyone can see what a trademark is like… but, is it always so obvious indeed? Part I
According to legal definition, a trademark is any sign which is capable of distinguishing the goods of one undertaking from the goods of other undertakings, and also capable of being represented in the Trademark Register...
26
Nov
Troubles of a Polish leading deli meat producer – a dispute over exclusive rights
The gourmets of deli meats are undoubtedly well-familiar with the word-figurative trademark which represents the characteristic logo of a master butcher along with the words "HENRYK KANIA". The owner of the trademark - the company...
18
Oct
BREXIT – what will happen with European Union Trademarks and Community Designs?
As the exit day is approaching, it is a good moment to take a look at the consequences that are looming on the horizon for the owners of the European Union Trademarks and the Community Designs.
17
Oct
Fewer trademark registrations in Poland, the growing number of Polish entrepreneurs choosing the EUTM registration
After the years 2016 and 2017, which were abundant in national trademark applications filed in the Polish Patent Office, a significant decrease in the number of applications occurred in the year 2018. However the number of the European Union Trademarks filed in 2018 reflects the upward trend which has been observed in the recent years in the growing number of EUTM applications filed by the Polish companies.
08
Aug
Devil’s tricks still being played…
… or how to determine the date of the beginning of the 5-year period for declaring lapse of protection in Poland of international trademarks after the implementation of Directive no. 2015/2436?
10
Jul
Is registration of a trademark becoming more and more tricky?
The Polish Patent Office, the European Union Intellectual Property Office (EUIPO) and the EU Court are tightening the requirements for trademark registration.
10
Jun
Automatic alerts of .eu domain name registrations equivalent to the European Union Trademarks – a new tool available from now to EUTM applicants and holders
Owing to strengthening collaboration between the European Registry for Internet Domains (EURiD) and the European Union Intellectual Property Office (EUIPO), the applicants and holders of the European Union trademarks will be able to receive automatic...
16
Apr
When applying for trademark registration, do not forget about the author
Upon seeing a word or word-figurative trademark, do we wonder who really has the exclusive right to use it? The applicants are hardly ever the creators of a trademark. More frequently, a logo is purchased form a graphic designing studio or a repository of files (e.g. Shutterstock). However, such purchase does not mean the acquisition of material copyrights to the form of expression of the mark.
16
Apr
The devil is in the details, or from when one should count the 5-year period, during which it is possible not to use one’s trade mark without consequences?
Our clients frequently ask the question when exactly the obligation to start to use a trade mark arises, or in other words, from when the absence of genuine use may render the mark vulnerable to declaring lapse due to non-use. The continuous period, after which the holder of registration is at the latest obliged to put his mark to genuine use, in order to avoid negative consequences for its exclusive right, lasts 5 years.