| A
trademark is any indication represented or capable
to be represented graphically, provided that such
sign is capable of distinguishing the goods of the
same kind of one undertaking from other undertakings.
Act of June 30,
2000 on Industrial Property /in force since 22
August 2001
Particularly, the
trademark can be a word, drawing, ornament, colour
composition, spatial form, a form of the product
or package, and also melody or other sound signal.
The smell presented graphically in a form of a
chemical formula or a comparative description
can be registered as a trademark.
It is possible to
acquire joint trademark protection. Collective
and certification marks are also provided for.m
the day of filing, protection is granted for 10-year
period, renewable in 10 years periods.
In compliance of
an optional provision of the Directive of European
Communities, well-known marks having a reputation
enjoy a higher level of protection.
According to the
new Polish IP Law for trademarks the rights of
protection are granted after examination - examination
system /no registration/.
Priority: 6 months
from the first filing date.
The data/documents
necessary for filing a trademark are as follows:
- name and address of the applicant,
- indication of a form of the trademark,
/for figurative: 15 prints of a dimension 50
x 50 mm each, in colour – if coloured/
- specification of goods and services
- Priority Document /if a priority
is to be claimed/
- statement of an Applicant, confirming
his right to a priority, if a priority document
is issued for the other person,
- Power of Attorney document, executed
by the authorised representative of the Applicant,
Items 4, 5, 6 may be submitted later.
|