Poland Trademarks Comparative Guide

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Trademarks

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Legal framework

1.1

What is the statutory or other source of trademark rights?

Poland

Patpol Kancelaria Patentowa Sp. z o.o.

Answer ... The main source of trademark rights is the Act on Industrial Property Law of 30 June 2000.

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

1.2

How do trademark rights arise (ie, through use or registration)?

Poland

Patpol Kancelaria Patentowa Sp. z o.o.

Answer ... Trademark rights arise through both use and registration. The trademark owner should register its mark in order to enjoy the strongest protection possible. However, trademarks which are used in the course of trade but are not registered may also be protected - for example, under the Act on Combating Unfair Competition. Also, the Act on Industrial Property Law provides protection for unregistered well-known trademarks.

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

1.3

What is the statutory or other source of the trademark registration scheme?

Poland

Patpol Kancelaria Patentowa Sp. z o.o.

Answer ... The Act on Industrial Property Law of 30 June 2000 and the Regulations of the Prime Minister on the Filing and Processing of Trademark Applications of 8 December 2016.

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

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Trademarks