Region: Poland

A recent case has sparked debate about when to request the opinion of an expert witness to help assess the risk of confusion. Some argue that this undermines the judge and prolongs cases, while others insist that it provides necessary insight.

03 November 2022

Featured in World Trademark Review Yearbook 2022/2023

In Poland, a trademark can be applied for and owned by a natural or legal person, or by organisational entities that are not legal persons but in which a statute vests legal capacity.  Persons whose place of residence or registered office is not located within the territory of the European Union, a European Free Trade Association member state, a party to the Agreement on the European Economic Area or Switzerland must act through a patent agent, attorney or legal counsel.

21 October 2022

In a new drive for improved standards, the Polish Patent Office has written to IP attorneys to highlight the fact that much documentation submitted to it is of poor visual quality. This is not only troublesome for examiners but can affect the outcome of a case.

06 October 2022

There are a limited number of colours available for registration and single-colour marks are hard won in Poland. A recent application by a popular e-commerce site illustrates the obstacles in the way – and potential rewards – of obtaining such registrations.

29 September 2022

While the Polish Patent Office has provided little in the way of guidance when it comes to trademarks in the metaverse or connected to NFTs, a closer examination of the few registrations that have been filed provides some early clues in this burgeoning area of protection.

15 September 2022

In-depth data procured from Polish IP courts reveals valuable insights into the state of IP enforcement in Poland.

25 August 2022

After six years in wait, the EUIPO’s Grand Board is now examining an invalidation motion filed by the Icelandic Ministry for Foreign Affairs against the British supermarket chain Iceland.

04 August 2022

Robert Lewandowski has gained worldwide fame, however, intentionally or otherwise, he seems to have a decentralised IP strategy, not directly owning any registered marks related to his identity. Such an approach may lead to confusion and a lack of a cohesive action.

28 July 2022

A proposal for a new act that will diverge Polish IP regulations from that of the wider European Union is being questioned by practitioners. The new act may have unintended consequences for brand owners, and possibly increase the number of oppositions.

21 July 2022

A new act proposes to simplify trademark proceedings in Poland; however, the effective acceleration of trademark proceedings cannot be based on the shortening of the parties’ deadlines.

14 July 2022