Comparative Guides
Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.
Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.
Start by selecting your Topic of interest below. Then choose your Regions and finally refine the exact Subjects you are seeking clarity on to view detailed analysis provided by our carefully selected internationally recognised experts.
Results: 4 Answers
Trademarks
5.
Oppositions
5.1
Can a third party oppose a trademark application?
 
Poland
Yes, it is possible to file an opposition against registration of a trademark. The opposition must include the following information, among other things:

  • the specification of the parties;
  • an indication of the factual and legal basis for the opposition; and
  • the reasons and scope of the opposition.
For more information about this answer please contact: Dariusz Piróg from Patpol Kancelaria Patentowa Sp. z o.o.
5.2
Who has standing to oppose a trademark application?
 
Poland
The owner of an earlier trademark or of an earlier personal or economic right, as well as anyone entitled to exercise the rights deriving from a protected designation of origin or a protected geographical indication.

For more information about this answer please contact: Dariusz Piróg from Patpol Kancelaria Patentowa Sp. z o.o.
5.3
What is the timeframe for opposing a trademark application?
 
Poland
The timeframe for opposition is three months from the date of publication of the application in the Official Bulletin. This deadline is non-extendable.

For more information about this answer please contact: Dariusz Piróg from Patpol Kancelaria Patentowa Sp. z o.o.
5.4
Which body hears oppositions?
 
Poland
Opposition proceedings are handled by the Polish Patent Office (PPO) examiners.

For more information about this answer please contact: Dariusz Piróg from Patpol Kancelaria Patentowa Sp. z o.o.
5.5
What is the process by which an opposition proceeds?
 
Poland
Upon receipt of an opposition, the PPO shall check it for formalities, notify the applicant and inform both parties of the possibility to settle the matter amicably. This cooling-off period lasts for two months and may be extended by up to six months on the joint request of both parties. Upon expiry of the cooling-off period, the PPO shall summon the applicant to submit its response to the opposition. In responding to the opposition, the applicant may request proof of use of the earlier mark on which the opposition is based. The PPO will then send the opponent the response to the opposition and request it to present its position within a specified timeframe. The applicant has the right to submit another pleading in response.

Any arguments and evidence not filed within the prescribed timeframe will not be considered by the PPO.

Once the parties have presented their positions, the examiner will decide on the merits and issue a decision either rejecting the opposition or declaring it to be justified in whole or in part. The losing party may be obliged by the PPO to pay the costs of the winning party.

For more information about this answer please contact: Dariusz Piróg from Patpol Kancelaria Patentowa Sp. z o.o.
5.6
Can the decision on the opposition be appealed? If so, to what body and by what procedure?
 
Poland
A decision issued in opposition proceedings may be appealed by filing a request for reconsideration of the matter, which is also examined by the PPO. The second decision issued by the PPO may be subject to judicial review by the administrative courts.

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