As an owner of a trade mark, you should on your own watch relevant databases of trade marks to be able to notice any potential applications of new trade marks which can appear similar or even – in extreme cases – identical to your registered trade mark. This is the result of the so-called opposition system, in force now in Poland and the European Union. Both at the procedure before the Polish Patent Office and the European Union Intellectual Property Office (EUIPO), a person entitled to the registered trade mark now may file a reasoned opposition within three months from an official publication of application. This deadline cannot be reinstated which means that if you miss it, a new trade mark will be registered and you can only apply for its cancellation which is more complicated and costly.

Probably, you think that keeping yourself updated with that is very difficult and time-consuming. True, if you do not have relevant tools to watch new registration applications and compare such applications with trade marks already registered. But we possess a proper software and are able to watch the bases regularly on your behalf, like in an automated process, and upon verifications of results we will be able to inform you of the possibility to file an opposition on time.

Soon the matter referred to above can even become more important as following the draft of a new act of law, namely the Industrial Property Law, the opposition must be filed even in a shorter term, i.e. two months from releasing the information about trade mark registration. The deadline, as it is now, will not be reinstated.

Costs correspond to the territory over which watching is to be exercised as well as to a number of classes of goods indicated by the registered trade marks being watched. Get in touch for a detailed offer tailored for you.

Monika Kowalczyk
PATENT ATTORNEY