Trade mark protection

Trade mark protection is connected with a certain territory. To obtain protection for a trade mark in a territory of Poland, it is advised to check whether the trade mark fulfils certain conditions that are required to gain a protection right and file an application to the Polish Patent Office. In the case the protection right is granted, this fact is announced in Wiadomo??ci official journal of the Polish Patent Office and confirmed in a protection certificate. The protection right is entered to the trade mark register which is maintained by the Polish Patent Office. When a protection right is granted, it gives one an exclusive right to use the trade mark for professional or commercial purposes in the whole territory of Poland. To indicate the fact that a certain trade mark is registered, it is possible to place an encircled letter R next to this trade mark, i.e. the ?? sign. The protection period is 10 years from the date of application to the Polish Patent Office. Within 5 years from the date of the registration, one has to actually start using the trade mark for economic purposes on a compulsory basis and in respect to all goods and services for which it was registered. It is possible to extend the protection right for the next 10 years for all or part of goods or services.

Entrepreneurs who export their goods or offer services outside Poland may obtain the protection for their trade marks also in territories of other countries. By registration of a trade mark in the Office for Harmonization in the Internal Market (Trade Marks and Designs) (OHIM) situated in Alicante, Spain, it is possible to obtain a uniform protection for a certain sign in all countries that belong to the European Union as a Community Trade Mark (CTM). A Community Trade Mark has the same effect in the whole territory of the European Union. The advantage of a Community Trade Mark is a fact that to maintain trade mark protection in all states of European Union it is enough to use a trade mark only in relation to the territory of one state. If it appears that it is not possible to receive protection as a Community Trade Mark, by means of conversion, with the same reserved application date, it is possible to apply for trade mark protection for countries in which there are no obstacles for the protection.

It is also possible to obtain international protection in certain countries that are members of the Madrid Union by means of an application filed directly in a local or regional Patent Office on the basis of a trade mark previously applied for or registered locally or regionally. The Madrid system concerning international protection of trade marks is administered by the International Office of the World Intellectual Property Organization (WIPO) having its office in Geneva, Switzerland. If the indicated Patent Office does not refuse to grant the protection before the end of a certain period, protection of a certain trade mark has the same scope as in the case of trade marks that were applied for locally. This system is convenient in particular for these entrepreneurs who want to have their trade marks protected also in non-EU states.

The three types of trade marks specified above partly overlap. Some relationships between the types make it possible to adapt the protection system to the needs of a certain company.

Should you have any questions concerning a current offer connected with obtaining a protection right for a trade mark, please contact:

PROGRESMA ®
telephone number: + 48 509 276 595
e mail: biuro@progresma.com.pl