Answer ... 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.
Answer ... 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.
Answer ... The timeframe for opposition is three months from the date of publication of the application in the Official Bulletin. This deadline is non-extendable.
Answer ... Opposition proceedings are handled by the Polish Patent Office (PPO) examiners.
Answer ... 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.
Answer ... 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.