Region: Poland

Ruling sparks debate over whether preparatory work alone constitutes genuine use

A 2020 case in which a court ruled that preparing a genuine commercial plan for a mark does constitute use, even if no sales are made or advertisements taken out, is attracting much commentary over whether this principle might be more widely applied.

30 June 2022

How to avoid document translation pitfalls in trademark cases

Brand owners and trademark practitioners doing business in Poland need to stay alert so as not to be caught out by provisions for the translation of documents. Fortunately, a deep dive into case law provides clear guidance on this area.

16 June 2022

A look at the first year of the Polish IP office’s fast-track programme

The office’s accelerated programme has reduced processing times significantly. Despite this, it has received little uptake suggesting that perhaps swift examination is less of a priority for rights holders than might have been believed.

09 June 2022

New bill rings alarm bells for IP courts in Poland

IP practitioners have reacted warily to proposed reforms of the court system in Poland. While some of the proposed changes appear to contradict one another, they open the door to the cessation of specialised IP courts.

26 May 2022

Polish Patent Office’s response to the war in Ukraine

The Polish Patent Office has announced that while it does not plan to suspend proceedings on account of the war in Ukraine, it will take into account the needs of applicants, entitled persons and representatives as much as possible

24 March 2022

Decision has implications for English-language marks in Poland

The Supreme Administrative Court has upheld a decision by the PPO that the Polish population has a generally high level of proficiency in English, therefore rejecting a word mark application for CANNABI OIL

03 February 2022

Formal requirements for power of attorney in trademarks proceedings in Poland

It might seem complicated for foreign entities to prove power of attorney before Polish courts. However, given that courts are strict regarding company documents, it is essential that rights holders – and their representatives - learn how to navigate this minefield.

27 January 2022

Quality no longer affects assessment of trademark recognition in Polish courts

A Supreme Administrative Court decision has finally brought Polish practice for judging recognition of trademarks in line with EU standards by disassociating perceived product quality from brand recognition.

13 January 2022

Polish IP office launches authenticity verification tool in fight against fraudsters

Following a wave of scams targeted at trademark owners, the office has introduced a digital verification tool to prevent trademark owners falling prey to fraudulent invoices and correspondence.

16 December 2021

New bill to replace decades old industrial property law in Poland

A new bill is set to replace the 20-year-old Polish Industrial Property Act. The old and much amended law has been criticised for creating interpretational doubts. The new bill claims that it will be more friendly to entrepreneurs by speeding up the very formal registration process.

26 August 2021

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