20 APRIL 2023
Key amendments to Civil Code of Procedure alter interim injunction proceedings in trademark cases
Amendments accepted in March officially codify a mix of new and previously existing practices of Polish IP courts into law, affecting rights holders at each stage of interim injunction proceedings.
Authors:
Klaudia Błach-Morysińska
23 FEBRUARY 2023
McDonald’s reversal shines spotlight on proving genuine use in Poland
The EUIPO’s seismic cancellation – and eventual reinstatement upon appeal – of a McDonald’s registered mark highlights issues with Poland’s rules for proving genuine use.
Authors:
Klaudia Błach-Morysińska
02 FEBRUARY 2023
Patent Office’s e-platform is a hit with target audience
Three years since its debut, analysis of user rates clearly shows that the electronic services platform – a pivotal part of the office’s push for digitisation – continues to develop and help resolve users’ IP issues.
Authors:
Klaudia Błach-Morysińska and Paweł Poznański
12 JANUARY 2023
Non-traditional trademarks in Poland under the amended regime
Poland dropped the graphical representation requirement for trademark applications nearly four years ago. Close examination of the numbers reveals the impact that this has had on the number - and type - of applications for non-traditional marks.
Authors:
Klaudia Błach-Morysińska and Paweł Poznański
03 NOVEMBER 2022
Appeal court clarifies when to seek an expert witness in litigation
A recent case has sparked debate about when to request the opinion of an expert witness to help assess the risk of confusion. Some argue that this undermines the judge and prolongs cases, while others insist that it provides necessary insight.
Authors:
Klaudia Błach-Morysińska and Paweł Poznański
06 OCTOBER 2022
Warning shot fired over document quality in trademark submissions
In a new drive for improved standards, the Polish Patent Office has written to IP attorneys to highlight the fact that much documentation submitted to it is of poor visual quality. This is not only troublesome for examiners but can affect the outcome of a case.
Authors:
Klaudia Błach-Morysińska and Paweł Poznański
29 SEPTEMBER 2022
Allegro’s controversial bid for a single-colour mark
There are a limited number of colours available for registration and single-colour marks are hard won in Poland. A recent application by a popular e-commerce site illustrates the obstacles in the way – and potential rewards – of obtaining such registrations.
Authors:
Klaudia Błach-Morysińska and Paweł Poznański
15 SEPTEMBER 2022
Louis Vuitton’s metaverse-related trademark registrations offer valuable insight
While the Polish Patent Office has provided little in the way of guidance when it comes to trademarks in the metaverse or connected to NFTs, a closer examination of the few registrations that have been filed provides some early clues in this burgeoning area of protection.
Authors:
Klaudia Błach-Morysińska and Paweł Poznański
25 AUGUST 2022
Data gives valuable insight into the state of IP enforcement in Poland
In-depth data procured from Polish IP courts reveals valuable insights into the state of IP enforcement in Poland.
Authors:
Klaudia Błach-Morysińska and Paweł Poznański
04 AUGUST 2022
Is it possible to register country names as trademarks?
After six years in wait, the EUIPO’s Grand Board is now examining an invalidation motion filed by the Icelandic Ministry for Foreign Affairs against the British supermarket chain Iceland.
Authors:
Klaudia Błach-Morysińska and Paula Tukaj
28 JULY 2022
A rising football star’s identity trademark strategy
Robert Lewandowski has gained worldwide fame, however, intentionally or otherwise, he seems to have a decentralised IP strategy, not directly owning any registered marks related to his identity. Such an approach may lead to confusion and a lack of a cohesive action.
Authors:
Klaudia Błach-Morysińska and Paweł Poznański
21 JULY 2022
Shortening IP proceedings deadlines may cause more harm than good
A proposal for a new act that will diverge Polish IP regulations from that of the wider European Union is being questioned by practitioners. The new act may have unintended consequences for brand owners, and possibly increase the number of oppositions.
Authors:
Klaudia Błach-Morysińska and Paweł Poznański
14 JULY 2022
New industrial property law proposal aims to reduce trademark procedure timelines
A new act proposes to simplify trademark proceedings in Poland; however, the effective acceleration of trademark proceedings cannot be based on the shortening of the parties’ deadlines.
Authors:
Klaudia Błach-Morysińska and Paula Tukaj
30 JUNE 2022
Ruling sparks debate over whether preparatory work alone constitutes genuine use
A 2020 case in which a court ruled that preparing a genuine commercial plan for a mark does constitute use, even if no sales are made or advertisements taken out, is attracting much commentary over whether this principle might be more widely applied.
Authors:
Klaudia Błach-Morysińska and Paula Tukaj
16 JUNE 2022
How to avoid document translation pitfalls in trademark cases
Brand owners and trademark practitioners doing business in Poland need to stay alert so as not to be caught out by provisions for the translation of documents. Fortunately, a deep dive into case law provides clear guidance on this area.
Authors:
Klaudia Błach-Morysińska
09 JUNE 2022
A look at the first year of the Polish IP office’s fast-track programme
The office’s accelerated programme has reduced processing times significantly. Despite this, it has received little uptake suggesting that perhaps swift examination is less of a priority for rights holders than might have been believed.
Authors:
Klaudia Błach-Morysińska and Paula Tukaj
26 MAY 2022
New bill rings alarm bells for IP courts in Poland
IP practitioners have reacted warily to proposed reforms of the court system in Poland. While some of the proposed changes appear to contradict one another, they open the door to the cessation of specialised IP courts.
Authors:
Klaudia Błach-Morysińska and Paweł Poznański
24 MARCH 2022
Polish Patent Office’s response to the war in Ukraine
The Polish Patent Office has announced that while it does not plan to suspend proceedings on account of the war in Ukraine, it will take into account the needs of applicants, entitled persons and representatives as much as possible
Authors:
Klaudia Błach-Morysińska
03 FEBRUARY 2022
Decision has implications for English-language marks in Poland
The Supreme Administrative Court has upheld a decision by the PPO that the Polish population has a generally high level of proficiency in English, therefore rejecting a word mark application for CANNABI OIL
Authors:
Klaudia Błach-Morysińska and Paweł Poznański
27 JANUARY 2022
Formal requirements for power of attorney in trademarks proceedings in Poland
It might seem complicated for foreign entities to prove power of attorney before Polish courts. However, given that courts are strict regarding company documents, it is essential that rights holders – and their representatives - learn how to navigate this minefield.
Authors:
Klaudia Błach-Morysińska and Paula Tukaj
13 JANUARY 2022
Quality no longer affects assessment of trademark recognition in Polish courts
A Supreme Administrative Court decision has finally brought Polish practice for judging recognition of trademarks in line with EU standards by disassociating perceived product quality from brand recognition.
Authors:
Klaudia Błach-Morysińska
16 DECEMBER 2021
Polish IP office launches authenticity verification tool in fight against fraudsters
Following a wave of scams targeted at trademark owners, the office has introduced a digital verification tool to prevent trademark owners falling prey to fraudulent invoices and correspondence.
Authors:
Klaudia Błach-Morysińska
26 AUGUST 2021
New bill to replace decades old industrial property law in Poland
A new bill is set to replace the 20-year-old Polish Industrial Property Act. The old and much amended law has been criticised for creating interpretational doubts. The new bill claims that it will be more friendly to entrepreneurs by speeding up the very formal registration process.
Authors:
Klaudia Błach-Morysińska
12 AUGUST 2021
Survey as evidence in trademark proceedings
The CP12 Common Practice on evidence in trademark appeal proceedings recently became binding in Poland. Here is all you need to know about its impact on the trademark space.
Authors:
Klaudia Błach-Morysińska and Paweł Poznański
22 JULY 2021
Polish Supreme Court provides much-needed clarity on trademark limitation period in Audi infringement case
After years of contradictory decisions, a recent Supreme Court ruling in a case involving Audi could signal a new turn in the protection of trademarks and the trademark limitation period.
Authors:
Klaudia Błach-Morysińska
15 JULY 2021
Analysing the first year of the Polish IP courts
A year since the Polish IP courts first opened, the district courts of Gdańsk, Katowice, Lublin, Poznań and Warsaw have provided data on the types of case that are being brought before them.
Authors:
Klaudia Błach-Morysińska and Paweł Poznański
10 JUNE 2021
Have you got your EORI number? New requirement for trademark owners interested in customs applications for action
Many rights holders will already have an individual registration and identification (EORI) number, but may not know what it is. It is crucial to find out, as the parameters surrounding customs applications in the European Union have shifted.
Authors:
Klaudia Błach-Morysińska and Paula Tukaj
