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.
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.
… 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?
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.
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.