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  • Trade Mark Watching – Monitoring if someone does not use your mark!

TM watching

From 15 April 2016, there are very significant changes in the Polish law on trademarks. The similarity assess of the new mark to previously registered marks – previously carried out ex officio – will be replaced by an opposition procedure similar to that in force in EUIPO (Formerly: OHIM). Now, the Entity itself will have to prevent the registration of new TM that will be similar or even identical to that registered previously. In order to prevent the registration of a mark that is similar or even identical to a previously registered mark, it will be necessary to submit objections within three months of publication in the Patent Office. This term is irrevocable! If you do not object, you will only be given the option of canceling the registered trademark.

When it comes to offering goods or services marked with a counterfeit or deceptive trademark, the entrepreneur still has instruments to enforce protection from the court, but his situation is much worse than if he registered his trademark at the Patent Office. Once we have a Patent Office certificate, we are more confident that we will prove our priority to a particular mark.

Entrepreneur!

We can look up TMs similar to your trademark and keep an eye on the 3-month deadline for your objection. This is core role of our “Watching” service. This service monitors / tracks and compares newly registered trademarks to those registered by your company. For the first year we will inform you about all the TMSs that we think will be similar to your sign and about the possibility and timing of the opposition. After that period, we’ll ask you if you’d like to extend this service on commercial terms, which are:
– Observation of local TMs in the Benelux, France, Germany, Poland, Spain or the UK – EUR 170 per year (from the second year)
– Observation in the European Union or in Europe – EUR 235 / year (from the second year)
– Global observation – EUR 285 / year (from the second year)
We will remind you about the possibility of extending this service – it will not extend automatically. The service is standard for all trademarks filed by AOMB Polska. It is also available for trademarks already filed, not necessarily by our AOMB Polska. Take care of your trademarks with the help of professionals!