The proprietor may indicate that their trademark has been registered by placing the letter ‘R’ inside a circle next to the trademark.
- The term of protection for a trade mark is 10 years from the date of filing the trade mark application with the Patent Office.
- The term of protection for a trademark is extended for a further 10 years, provided that the fee for the further period of protection is paid.
- The Patent Office may request the payer to provide explanations, within a specified time limit, regarding the amount of the fee and the entitlement to pay it. If the explanations provided do not remedy the identified deficiencies, the Patent Office shall refund the fee paid for the further period of protection.
- The extension of the trademark protection right is subject to entry in the trademark register.
Use of a trade mark consists, in particular, of:
- affixing the mark to goods covered by the protection or their packaging, offering and placing those goods on the market, importing or exporting them, and storing them for the purpose of offering and placing them on the market, as well as offering or providing services under that mark;
- affixing the mark to documents relating to the placing of goods on the market or to the provision of services;
- using it for advertising purposes.
Infringement of trademark rights
A person whose trademark rights have been infringed, or a person authorised by law to do so, may demand that the infringer cease the infringement, surrender any unjust enrichment, and, in the case of a culpable infringement, also compensate for the damage caused:
- in accordance with general principles, or
- by payment of a sum of money corresponding to the licence fee or other appropriate remuneration which, at the time of the claim, would have been due for the grant by the proprietor of consent to use the trade mark.
The proprietor of a trade mark for which protection has been granted with earlier priority may prohibit another person from unlawfully using in the course of trade a mark identical to:
- with a trade mark for which protection has been granted with earlier priority to that holder in respect of identical goods;
- or similar to the trademark for which protection was granted with prior priority to that holder in respect of identical or similar goods, where there is a risk of misleading the public, which includes, in particular, the risk of associating the mark with a trade mark for which protection has been granted with earlier priority to that right holder;
- or similar to a well-known trade mark.
Infringement of a trademark right also consists in the use of a trademark:
- as a trade name or business name, or as part of such names, unless this has no effect on the ability to distinguish goods in trade;
- in advertising constituting an act of unfair competition.
Source: Articles 153, 154 and 296 of the Act of 30 June 2000 on Industrial Property Rights.
Frequently asked questions
How can I mark my registered trademark to inform customers about it?
The holder may indicate that their mark has been registered by placing the letter R in a circle next to the trademark. This is a standard practice that informs about the existence of protective rights.
How long do I receive legal protection for a trademark and can it be extended?
The duration of the protective right is 10 years from the date of filing the mark with the Patent Office. This right can be extended for another 10 years, provided the appropriate fee for the further protection period is paid.
What can I demand from a person who has infringed my trademark right?
You may demand cessation of the infringement, surrender of unjustly obtained benefits, and compensation for damages caused if the infringement was at fault. Alternatively, you may demand payment of a monetary sum corresponding to the amount of a licensing fee.
When can I prohibit the use of a sign similar to mine?
You have the right to prohibit the use of a similar sign if there is a risk of misleading consumers, including the risk of association with your sign. Protection also applies to signs similar to renowned ones, even for identical or similar goods.
Can another company’s use of my trademark as a trade name constitute an infringement of rights?
Yes, the use of a trademark as a trade name or company name may constitute an infringement of rights if it affects the ability to distinguish goods in commerce. Similarly treated is the use of a mark in advertising that constitutes an act of unfair competition.
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