MONITORING OF RIGHTS AND INFRINGEMENTS.
As a result of the implementation of the EU regulations into the domestic legal system, the so-called opposition system of trademark registration has been in force in Poland since 2016. Currently, the Patent Office conducts only a preliminary, formal examination of the trademark, while the holder of the trademark rights is responsible for monitoring of current applications for similar trademarks. Within 3 months of the date of publication of the application, the holder of the earlier trademark or the holder of the earlier personal or property right may file an opposition against the trademark application. This time limit shall not be reinstated.
On the other hand, obtaining protection for a trademark, invention or industrial design is an important step towards effective protection of industrial property rights. The holder of rights pays a number of fees related to maintaining these rights, therefore he/she has the right to undisturbed use of his/her rights and can enforce them in a lawsuit for their infringement. Individual items of industrial property rights are more or less susceptible to infringement. Thus, determination of the existence of infringements may require market monitoring.
Therefore, we offer:
- a trade mark monitoring service which is to continuously watch databases and analyse newly applied trademarks in relation to the Client’s trade mark;
- reporting information on similar or identical marks applied;
- market (including the Internet) monitoring with respect to infringements of exclusive rights.