Comparative Guides
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Results: 4 Answers
Trademarks
10.
Protection of foreign trademarks
10.1
Under what circumstances may foreign trademarks not registered in the jurisdiction be enforced (eg, under unfair competition law)?
 
Poland
A foreign trademark which is not registered in Poland can be enforced under the Act on Combating Unfair Competition.

Under Polish law, a designation of goods or services - or absence thereof - which might mislead customers, in particular as to their origin, or which conceals risks connected with their use constitutes an act of unfair competition. Additionally, the introduction of goods into trade in packaging which might result in the above effects shall also be considered an act of unfair competition, unless the use of such packaging is justified for technical reasons.

With regard to the above, in order to enforce foreign trademarks that are not registered in Poland, the owner of the foreign trademark must prove that it was using its trademark for business activities in Poland before the infringer began using it, and that there is a risk that such use will mislead potential customers.

If the above-mentioned conditions are met, the owner of the foreign trademark may demand:

  • cessation of the impermissible acts;
  • reversal of the effects of the impermissible acts;
  • publication of a single statement or series of statements with appropriate content and in the proper form;
  • repair of the damage inflicted, according to general principles;
  • surrender of unjust benefits, according to general principles; and
  • payment of an adequate amount of money for a specific public purpose connected with supporting Polish culture or protecting national heritage, if the act of unfair competition was culpable.
For more information about this answer please contact: Dariusz Piróg from Patpol Kancelaria Patentowa Sp. z o.o.
10.2
Does the trademark office permit registration of a mark based on a foreign or international (Madrid) registration?
 
Poland
A mark may be registered based on a foreign or international registration only by claiming convention priority within six months of the filing date of the foreign or international registration.

In order to successfully claim priority, a certified copy of the prior application must be presented. If this document is issued in a language other than Polish, English, German, French or Russian, it must be translated into Polish. Furthermore, this document should be submitted within three months of the filing date of the application for registration in Poland.

For more information about this answer please contact: Dariusz Piróg from Patpol Kancelaria Patentowa Sp. z o.o.
 
Poland
A mark may be registered based on a foreign or international registration only by claiming convention priority within six months of the filing date of the foreign or international registration.

In order to successfully claim priority, a certified copy of the prior application must be presented. If this document is issued in a language other than Polish, English, German, French or Russian, it must be translated into Polish. Furthermore, this document should be submitted within three months of the filing date of the application for registration in Poland.

For more information about this answer please contact: Dariusz Piróg from Patpol Kancelaria Patentowa Sp. z o.o.