Trade mark monitoring
As of 15 April 2016 a system of trade mark registration opposition became effective. For you, as proprietors of the already registered and/or filed for registration trade marks this means important changes.
Before April 2016 Patent Office used a trade mark searching system which was based on examination, before protection of a newly submitted trade mark was provided, if protection of given trade mark would not collide with protection of any earlier trade marks (i.e. if the newly submitted trade mark is not similar to trade marks already protected by Polish Patent Office and EUIPO). In the event of occurrence of such collision, the Patent Office refused to provide protection.
After 15 April 2016 Patent Office has stopped checking the possibility of collision of the newly submitted trade marks with any earlier trade marks and having checked the correctness of the application documentation and remaining requirements for trade marks (so-called absolute registration premises) publishes information about the application submitted. After said publication proprietors of the previously registered trade marks have 3 months to put forward their opposition against protection to be granted to the newly submitted trade mark.
Unfortunately, Patent Office does not notify the proprietors of earlier trade marks about new applications submitted, which can collide with their rights.
Therefore, a very important matter has become monitoring of new applications by patent office to allow you to block provision of protection to a newly submitted trade mark in the Patent Office. If no proper opposition is put forward in due time by a trade mark proprietor, his/her competitors may get protection even for identical trade mark and a procedure to invalidate such registration will be long-lasting and costly.
If your trade mark is not being monitored, please contact us to fix the terms and conditions of performing such monitoring procedure by our Office.
If you have any questions please do not hesitate to contact us.