… 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?
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.