As of April 15, 2016, significant changes were introduced to the Polish trademark law system. Under the previous legal framework, it was the Polish Patent Office (PPO) that safeguarded exclusive rights by examining whether a trademark application infringed upon third-party trademark rights registered in Poland. The Office assessed whether the applied-for trademark was identical or similar to earlier trademarks and, in the event of a conflict, would deny protection.

Since April 15, 2016, a so-called opposition system has been in effect. Currently, it is the responsibility of trademark holders to monitor new trademark applications filed with the Polish Patent Office. If they determine that an application concerns a trademark identical or similar to their earlier protected mark, they may file an opposition. The procedure allows a 3-month period, known legally as the opposition period. This period begins upon the publication of the application by the Office in the Patent Office Bulletin. The deadline is strict and cannot be reinstated once missed.

If a right holder misses this deadline, it is still possible to file a request for invalidation of the trademark protection right. However, this procedure is more complex and more costly. The official fee for filing an opposition with the Polish Patent Office is PLN 600. In the case of EUIPO, the fee amounts to EUR 320.

It is beyond doubt that it is in the interest of trademark owners to protect their intellectual property rights and to oppose attempts by other entities to obtain rights to identical or similar trademarks. In most cases, the coexistence of conflicting trademarks within a given industry leads to a risk of confusion among consumers and negatively affects businesses.

Our Law Firm offers a trademark monitoring service. As part of our cooperation, we will monitor ongoing trademark applications for identical or similar marks. We prepare reports based on our review, which we present to our Clients along with our recommendations.