The owner of a registered trademark acquires the exclusive right to use the sign in a commercial or professional manner in a particular territory. In the aforesaid context, the use means the following:
- Affixing the...
09
Nov
“TO BE OR NOT TO BE” when it comes to trademarks, or what should be remembered to guarantee genuine use of a trademark
When a party is considering to apply for trademark registration, it is important to remember about the obligation that rests upon the right holder to put the mark to genuine use. What is essential, the...
27
Jun
What are the functions of a trademark?
A trademark as a sign enabling to distinguish the goods and services of one company from the goods and services of another company plays a very important role in free market economy. It does not...
27
May
Using a trademark in different form than registered and proofs of genuine use – part 2
The First Board of Appeal of the European Union Intellectual Property Office (EUIPO) presented its standpoint on the use of a trademark in different form than registered and the proofs of such use.
In a...
05
May
Using a trademark in different form than registered and proofs of genuine use – part 1
The First Board of Appeal of the European Union Intellectual Property Office (EUIPO) presented its standpoint on the use of a trademark in different form than registered and the proofs of such use.
In a...
18
Nov
„Black forest” not for clothes – a geographical indication blocks the way to trademark registration
Black forest (Polish “czarny las”, German “Schwarzwald”) as a trademark destined among others for the marking of clothing and footwear, seems to be a catchy and original sign, and most importantly – it seems to...
27
May
Facebook sued for trademark infringement
In mid-2019 Facebook, Inc. presented the logo of its own cryptocurrency - Libra, which was to be handled by a subsidiary company — Calibra. Shortly after presenting the trademark, it was found to be highly...
13
May
Upcoming changes in the judicial system in the scope of intellectual property
The changes in the judicial system concerning intellectual property matters have been widely discussed for long. A draft of the relevant act, which initially seemed to be the issue of the remote future, will be coming into effect fairly soon.
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...
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.