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Results: 4 Answers
Trademarks
2.
What constitutes a trademark?
2.1
What types of designations or other identifiers may serve as trademarks under the law?
 
Poland
A trademark may consist of any sign which is capable of distinguishing the goods of one undertaking from those of others and which can be represented on the Trademark Register in a form which enables the protected subject matter to be clearly and precisely determined.

In particular, a trademark may be comprised of words - including a personal name - designs, letters, numerals, colours, sounds and three-dimensional shapes, including the shape of goods or their packaging.

For more information about this answer please contact: Dariusz Piróg from Patpol Kancelaria Patentowa Sp. z o.o.
2.2
What are the requirements for a designation or other identifier to function as a trademark?
 
Poland
In order to function as a trademark, any designation or other identifier must be capable of distinguishing the goods of one undertaking from those of others.

For more information about this answer please contact: Dariusz Piróg from Patpol Kancelaria Patentowa Sp. z o.o.
2.3
What types of designations or other identifiers are ineligible to function as trademarks?
 
Poland
Designations or other identifiers that are not capable of distinguishing the goods of one undertaking from those of others cannot function as trademarks.

In particular, the following are ineligible to function as trademarks:

  • designations that consist exclusively of elements that may serve in trade to designate the kind, origin, quality, quantity, value, intended purpose, manufacturing process, composition, function or usefulness of the goods;
  • designations that consist exclusively of elements that have become customary in the current language and are used in fair and established business practices; and
  • designations that consist of the form or other property of the goods, that result exclusively from the character of the goods, that are necessary in order to achieve a technical result or that significantly increase the value of the goods.
For more information about this answer please contact: Dariusz Piróg from Patpol Kancelaria Patentowa Sp. z o.o.