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