Trademarks

Trademarks

Trademarks

Trademarks have characteristics that distinguish your product or service on the market. They are combinations of words, letters, colours or digits, logos, packaging, slogans or the shape of a product. By attaching a trademark to your product or service, consumers know what they are buying from you and what quality they may expect.

Good examples are Coca-Cola, Mercedes and Nike: trademarks that ensure that the product distinguishes itself on the market. A trademark not only has a distinguishing function, but also serves as a guarantee and advertisement. Your customers will recognise your company and products by your trade name, logo or colour, or by the shape of your packaging. They must of course remain exclusive. By protecting your trademark you can prevent your competitors from profiting by or even abusing your name and reputation.

Requirements

A trademark may be any sign which may be graphically represented if it is suitable for distinguishing between the goods and services of one company from the goods and services of another. At the time of filing for registration, such a designation need not be new (e.g., the applicant may have used it earlier in the market).

Detailed rules shall also be applied to prevent the similarity of the mark applied for previously registered or registered marks and the use of certain special symbols in the sign (e.g., the emblem or flag of the Republic of Poland or other countries, religious symbols, etc.).

Registration and opposition procedure

If your TM meets all the requirements, the information about application will be officially published. Anyone can get to know your application and your sign. In many countries it is possible to raise objections to registration of a mark even before protection is granted. This is called an opposition procedure. In Poland, third parties may, at this stage, submit their comments on the mark. In other countries, including in Poland, holders of earlier marks may object to the registration of a new mark within a certain time after protection. This way you can avoid later litigation.

The competent authority in trade mark matters (in Poland - Patent Office of the Republic of Poland) will decide whether the objection is valid. If no objections have been filed or they have been found to be wrong, your mark is protected by the law, which is recorded in the relevant register. Protecting your trademark is important for an indefinite period, but in most countries you have to renew it every 10 years. Also, in order not to expire, the trad mark must be used.

Registered trademark

Trademarks have the ability to distinguish your product or service on the market. They are combinations of words, letters, colours or numbers, graphics, packaging, slogan or product shape. By connection of a trademark with your goods or services, consumers know what they buy and what quality they can expect.

Good examples are Coca-Cola, Mercedes and Nike: trademarks that ensure that the product is unique in the market. The trademark has not only distinctive function, but also is a kind guarantee and is a subject for adversising. Your customers will recognize your company and products by your sign, logo, color or shape of packaging. Of course, these assets must stay with the Owner. By protecting your trade mark, you can prevent from benefits or misuse of your name and reputation by your competitors.