Region: Poland

Key amendments to Civil Code of Procedure alter interim injunction proceedings in trademark cases

Amendments accepted in March officially codify a mix of new and previously existing practices of Polish IP courts into law, affecting rights holders at each stage of interim injunction proceedings.

20 April 2023

McDonald’s reversal shines spotlight on proving genuine use in Poland

The EUIPO’s seismic cancellation – and eventual reinstatement upon appeal – of a McDonald’s registered mark highlights issues with Poland’s rules for proving genuine use.

23 February 2023

Patent Office’s e-platform is a hit with target audience

Three years since its debut, analysis of user rates clearly shows that the electronic services platform – a pivotal part of the office’s push for digitisation – continues to develop and help resolve users’ IP issues.

02 February 2023

Non-traditional trademarks in Poland under the amended regime

Poland dropped the graphical representation requirement for trademark applications nearly four years ago. Close examination of the numbers reveals the impact that this has had on the number - and type - of applications for non-traditional marks.

12 January 2023

Supreme Court issues milestone ruling on rebranding of parallel-imported medicinal products

The judgment is significant as it explains how the BMS conditions established by the CJEU should be applied to rebranding in parallel import cases.

16 November 2022

Appeal court clarifies when to seek an expert witness in litigation

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

Poland: Trademark procedures and strategies

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

Warning shot fired over document quality in trademark submissions

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

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.

29 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.

15 September 2022

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