Market Insight

Updates from an international team of correspondents who report on recent developments in trademark law and practice in their home jurisdictions, as well as strategic issues and those relating to brand protection, portfolio management and value creation.

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Poland

New 29 SEPTEMBER 2022

Allegro’s controversial bid for a single-colour mark

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.

15 SEPTEMBER 2022

Louis Vuitton’s metaverse-related trademark registrations offer valuable insight

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.

25 AUGUST 2022

Data gives valuable insight into the state of IP enforcement in Poland

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

04 AUGUST 2022

Is it possible to register country names as trademarks?

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.

28 JULY 2022

A rising football star’s identity trademark strategy

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.

21 JULY 2022

Shortening IP proceedings deadlines may cause more harm than good

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.

14 JULY 2022

New industrial property law proposal aims to reduce trademark procedure timelines

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.

30 JUNE 2022

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.

16 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.

09 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.

26 MAY 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.

24 MARCH 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

03 FEBRUARY 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

27 JANUARY 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.

13 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.

16 DECEMBER 2021

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.

26 AUGUST 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.

12 AUGUST 2021

Survey as evidence in trademark proceedings

The CP12 Common Practice on evidence in trademark appeal proceedings recently became binding in Poland. Here is all you need to know about its impact on the trademark space.

22 JULY 2021

Polish Supreme Court provides much-needed clarity on trademark limitation period in Audi infringement case

After years of contradictory decisions, a recent Supreme Court ruling in a case involving Audi could signal a new turn in the protection of trademarks and the trademark limitation period.

15 JULY 2021

Analysing the first year of the Polish IP courts

A year since the Polish IP courts first opened, the district courts of Gdańsk, Katowice, Lublin, Poznań and Warsaw have provided data on the types of case that are being brought before them.

10 JUNE 2021

Have you got your EORI number? New requirement for trademark owners interested in customs applications for action

Many rights holders will already have an individual registration and identification (EORI) number, but may not know what it is. It is crucial to find out, as the parameters surrounding customs applications in the European Union have shifted.

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