Marzena Białasik-Kendzior | In Principle

Genuine use of a trademark in the EU as a whole may be proved in certain circumstances by showing use of the mark in a single member state.

One of the changes in the amendment of the Industrial Property Law is that there will no longer be a graphical presentation requirement for trademarks. From 16 March 2019, it is possible for trademarks to be presented in any form using generally available technology, provided that they are presented in a clear, precise, independent, understandable, durable, objective, and easily accessible manner.

To obtain protection for a trademark the owner must prove that a sign has a distinctive character, i.e. it is not merely descriptive. But it is often unclear whether this is the case.

Some categories of goods, such as agricultural produce, foods and spirits, are valued by customers primarily because of the exceptional natural conditions of their town, region or country of origin, or because of their traditional production methods. Authorised producers use geographical indications for their products to underline this uniqueness.

Genuine commercial exploitation of a trademark can also be shown when a position trademark is used in combination with other graphic elements.

The fairly long waiting time for registration of trademarks at the Polish Patent Office often means that instead of seeking protection in Poland, businesses decide to register with the European Union Intellectual Property Office (EUIPO, formerly OHIM). Although much more expensive, proceedings there are generally fast and simple. Major changes have now been made to Poland’s Industrial Property Law with the aim of making the Polish Patent Office more competitive with EUIPO.

Apart from the recognition of letters of consent, a major change in trademark law already in force is the possibility of registering a mark containing the name Polska or Poland (or the abbreviations RP or PL), or the name of a Polish locality, without the need to obtain the consent of the relevant authorities.

A long-awaited bill to amend the Industrial Property Law of 30 June 2000 was submitted to the Sejm on 12 March 2015. The proposed changes affect dozens of regulations. The bill would repeal some existing provisions but also introduce new features to the law.

There is no statutory definition of a “renowned” trademark under EU or Polish law, but the concept functions in legal practice, and reliance on a renowned trademark may be an important argument in the event of litigation.

An industrial design, which protects the external appearance of a product, may not be the same as a trademark, which designates the origin of goods. Thus there may be a conflict between the registration rights to a design and a trademark.

If a foreign business entity is interested in protecting a trademark in Poland, it must apply for registration of the mark in its own name. The Polish branch of the foreign business will not obtain registration of the mark.

Under trademark law, the service of selling products is considered inseparable from the products themselves.