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  TRADEMARKS
   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:

  1. name and address of the applicant,
  2. indication of a form of the trademark, /for figurative: 15 prints of a dimension 50 x 50 mm each, in colour – if coloured/
  3. specification of goods and services
  4. Priority Document /if a priority is to be claimed/
  5. statement of an Applicant, confirming his right to a priority, if a priority document is issued for the other person,
  6. Power of Attorney document, executed by the authorised representative of the Applicant,

Items 4, 5, 6 may be submitted later.

 


 
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