What action should I take when another entity registers a trade mark similar to mine in the Polish Patent Office?

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First of all, it is important to note that under current regulations, registration of a trade mark similar or identical to one already registered does not always constitute an infringement. The legislator allows coexistence of similar or identical trade marks. We therefore recommend conducting a preliminary analysis of the factual and legal circumstances surrounding a case in order to determine the most effective course of action for the client.

After passing amendments to the Industrial Property Law Act of 30 June 2000, (Journal of Laws 2013.1410 unified text, as amended) on 15 April 2016, Poland implemented the so-called opposition-based trade mark registration system, which in a way obliges holders of trade mark protection rights granted prior to that date to monitor new trade mark applications in order to look for disputable cases (the trade mark holder has three months from the date of publication of the trade mark application in the Patent Office Bulletin to object against this application under the Property Law Act quoting the so-called relative obstacles to trade mark registration).

This by no means limits your options, one of them being opposition proceedings, so should you have any questions or doubts regarding this, please contact JWP.

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Warszawa

JWP Patent & Trademark Attorneys
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Gdańsk

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Kraków

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Wrocław

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Poland
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E: wroclaw@jwp.pl