Brand protection / product protection
Poland, as well as the majority of the countries worldwide, applies the „first-to-file” rule, according to which the right to the grant of a patent for a given trade mark lies with the first person to file an application to protect the trade mark with a relevant registration office. In Poland, the application must be submitted to the Patent Office [Urząd Patentowy] (podpisany link), in the EU – to EUIPO (podpisany link). WIPO (podpinamy link) takes care of international registrations.
New definition of a trademark (no more graphical representation requirement)
An EU trade mark may consist of any signs, in particular words, including personal names, or designs, letters, numerals, colours, the shape of goods or of the packaging of goods, or sounds, provided that such signs are capable of:
a) distinguishing the goods or services of one undertaking from those of other undertaking; and
b) being represented on the Register of European Union trade marks („the Register”) in a manner which enables the competent authorities and the public to determine the clear and precise subject matter of the protection afforded to its proprietor.
Registration of multimedia marks or certification marks has recently been enabled by the EU law
We offer:
Full service in the scope of trade mark examination, registration and protection
Analysis of client’s goals and assistance in the development of a strategy for optimal protection of a given mark.
Post-registration protection. We monitor whether the trademark is not violated by other registrations within a given territory, and we remind the clients about the subsequent protection terms.
Territories we cover:
Following the definition of optimal protection strategy, we apply on behalf of the client for exclusive protection to the following registration offices:
– Polish Patent Office (UP RP),
– European Union Intellectual Property Office (EUIPO),
– World Intellectual Property Organization (WIPO) for worldwide protection
– foreign patent offices worldwide, thanks to a long-term cooperation with patent attorneys from other countries.
Industrial design is a new representation of some work or part thereof, which has been given an individual character by the characteristic lines, contours, shapes, colour, structure or material of the creation, and by ornamentation.
Industrial designs, which are often ignored in a business rights’ protection strategy, are a valuable contribution to building a strong market position, as an effective registration of an industrial design gives exclusive rights to use the design concerned within a specific territory, which in turns enables making claims to manufacturers or producers who violate such rights.
Example: A businessman invented a fancy shaped lamp, with an unique name. He applied for trade mark (name) protection, but he did not think of protecting the industrial design as well. As a result, other entrepreneurs may market similar lamps, but under different names (different trade mark). In such case any claims are very difficult to make.
What we offer:
We offer full service in the scope of getting industrial designs protection, including examination of registrability of a given design, its registration and maintenance of the industrial design protection.
Territories we cover:
Following the definition of optimal protection strategy, we apply on behalf of the client for exclusive protection to the following registration offices:
– Polish Patent Office (UP RP),
– European Union Intellectual Property Office (EUIPO),
– World Intellectual Property Organization (WIPO) for worldwide protection
– foreign patent offices worldwide, thanks to a long-term cooperation with patent attorneys from other countries.