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Results: 4 Answers
Trademarks
8.
Maintenance and removal of registrations
8.1
What is the length of the initial term of registration and what is the length of renewal terms?
 
Poland
The initial term of registration is 10 years from the filing date. The trademark may be renewed indefinitely thereafter for further 10-year periods from the last day of the previous protection period.

For more information about this answer please contact: Dariusz Piróg from Patpol Kancelaria Patentowa Sp. z o.o.
8.2
What, if anything, must be submitted to the trademark office to maintain or renew a registration?
 
Poland
Payment of the renewal fee is sufficient to renew a registration. No additional documents are required.

For more information about this answer please contact: Dariusz Piróg from Patpol Kancelaria Patentowa Sp. z o.o.
8.3
What are the grounds for cancelling a trademark registration?
 
Poland
A trademark registration can be cancelled on the request of a third party if the conditions required for registration were not satisfied (absolute grounds) or based on the existence of earlier rights.

Alternatively, a trademark registration can be cancelled if it has not been put to genuine use for the goods or services covered by the registration for a period of five successive years after the decision to register has been issued.

For more information about this answer please contact: Dariusz Piróg from Patpol Kancelaria Patentowa Sp. z o.o.
8.4
Under what circumstances may the trademark office cancel a registration on its own initiative?
 
Poland
There are no circumstances in which the Polish Patent Office (PPO) can cancel a registration on its own initiative.

For more information about this answer please contact: Dariusz Piróg from Patpol Kancelaria Patentowa Sp. z o.o.
8.5
What is the procedure by which a third party may seek cancellation of a trademark registration?
 
Poland
A third party may seek cancellation of a trademark registration by filing a request for invalidation or cancellation due to non-use.

Both of these requests should be filed with the PPO and are examined by the Adjudicative Board of the PPO.

Upon receipt of the request for invalidation or cancellation, the PPO shall check it for formalities and then send it to the trademark owner, which must respond accordingly and file evidence of use within a specified timeframe. The PPO will then set a date for a hearing, at which the parties can additionally exchange arguments. Depending on the case, there may be more than one hearing.

Once the parties have presented all arguments and evidence, the case is closed and a decision is announced either during the final hearing or, in complicated cases, within a few weeks thereafter. A written decision with a full justification is issued after the hearing. Within 30 days of receipt of the decision, the parties have a right to appeal it before the district administrative court.

For more information about this answer please contact: Dariusz Piróg from Patpol Kancelaria Patentowa Sp. z o.o.
8.6
What is the procedure for appealing a decision cancelling a registration?
 
Poland
A decision to cancel a trademark registration may be appealed before the district administrative court within 30 days of receipt. Such appeal requires a justification and is subject to payment of a court fee.

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