According to the statutory definition, a trademark can be any sign that is capable of distinguishing the goods of one undertaking from the goods of another undertaking and that can be presented in the trademark register in a way that allows for the unambiguous and precise determination of the subject of the protection granted.
What does the above definition mean? A trademark should primarily enable the goods of individual companies to be distinguished and indicate their source of origin. The basic function of a trademark is to indicate the commercial origin of a product or service in order to enable a consumer who purchases a product or service marked with a trademark to make the same choice when making a subsequent purchase if the experience was positive, or a different choice if it was negative. In short, a trademark is information for the recipient about the origin of a given product from a given company. In this sense, it can also be said that a trademark is a connection of a given designation with the product in the recipient’s mind.
The main function of a trademark is therefore to indicate the origin of the goods.
What other functions does a trademark perform?
The case law on trademark law lists the subsequent functions performed by these industrial property rights. It is worth mentioning the qualitative, advertising, investment or communication functions. The advertising function certainly deserves special attention, considering the special role of advertising in business. Marketing using trademarks contributes to building a brand and its successes. The advertising function is also associated with the category of renowned trademarks. A trademark can also serve to create an image of constant, high quality of goods, thus also performing a qualitative function.
Types of trademarks.
Trademarks are primarily marks perceived by the sense of sight. These are verbal, verbal-graphic, graphic or spatial marks (e.g. the shape of the product or packaging). The Polish Patent Office and other patent authorities also indicate unconventional trademarks, including positional marks; sound marks; colour; pattern; moving; multimedia; holograms. In practice, there are also marks perceived by other senses, such as olfactory marks. Due to technological difficulties that currently make it impossible to present such trademarks in a clear, precise, complete, easily accessible, legible, durable and objective manner – olfactory marks are not accepted by patent offices.
What are the benefits of registering a trademark in the Patent Office?
Trademarks are designations used in business transactions, primarily serving entrepreneurs. A trademark as an intangible asset can be a component of a company’s assets. It affects the value of the company and its image, and can also be the subject of sale or licensing, from which the authorized entity generates revenue.
A trademark provides exclusivity. In this sense, the person entitled to a registered trademark may prohibit other entities from using identical or similar signs in economic activity in relation to similar or identical goods or services, if such use may mislead recipients as to the origin of these goods or services. In the case of renowned trademarks, protection is broader and goes beyond the boundaries of similarity of goods. The catalogue of claims available to the person entitled to protection under the trademark right is wide. In the event of an infringement of the trademark right, the owner of the trademark may request cessation of infringements (e.g. offering and introducing goods marked with the registered trademark or a similar mark into circulation), provision of information on the number of goods sold by the infringer and the prices obtained from such sales. The person entitled may also have monetary claims (compensation, issuance of unjustified benefits) or publication claims.
The person entitled to register a trademark may inform other participants in the market about the right held by placing the symbol “R” next to the trademark – the so-called R in a circle (®)
