Author: Patpol

The issue of what a trademark is and its legal definition was already discussed in the previous parts of this series. Now, let us have a closer look at yet another kind of unconventional trademarks (apart from the most popular ones, such as word, word-figurative or figurative marks) – a sound trademark. A sound trademark is a mark which consists exclusively of a sound, or a combination of sounds.

This kind of trademark shall be presented in the form of an audio file, or by expressing the sound by means of a musical notation – namely, musical notes (including all the necessary elements for a proper interpretation of the tune: tone, tempo, text), or a soundtrack recording presented in the form of an oscillogram.

In the case of electronic applications for sound trademarks expressed in the form of a musical notation or an oscillogram, it is required that a musical notation or an oscillogram is filed in one JPEG file, on one page.

As regards paper applications for sound trademarks, an application for registration should include a musical notation or an oscillogram placed upon one print in the size not smaller than 8 cm by 8 cm, and not bigger than 10 cm by 10 cm, or upon one A4 sheet.

Here is an example of a sound trademark presented as a musical notation:

R.171836

For the above mentioned trademark the Polish Patent Office granted a right of protection under no. R.171836 in the name of RADIO MUZYKA FAKTY GRUPA RMF sp. z o. o. sp. k. from Cracow (a popular radio station), and the mark was destined for goods and services in classes 09, 16, 35, 38, 40, 41, 42, 43, such as “information processing apparatus, loudspeakers, computers, magazines; services in the field of radio, television and cinema advertising, information agency services, printshop services, edition of radio and TV programs, snack bar services and hotel services.” Below there is an example of a sound trademark presented in the form of an oscillogram. The mark was registered by EUIPO under no. EUTM-012438628 in the name of TWENTIETH CENTURY FOX FILM CORPORATION in respect of goods and services in classes 09, 38 and 42, including among others “scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signaling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; telecommunication services; radio broadcasting services; television broadcasting services; podcasting services; computer services in the field of providing on-line news and information via the Internet; designing, constructing, updating and/or maintaining on-line databases and search engines; designing, constructing, updating and/or maintaining on-line directories, databases, and search engines for obtaining data on a wide variety of topics and fields; hosting of digital content on the Internet; application service provider; designing, constructing, updating and/or maintaining on-line journals and blogs; design and development of computer hardware and software.”

An example of a sound trademark written with an oscillogram:

EUTM 012438628

Read the full article on IP-BLOG.

The changes in the judicial system concerning intellectual property matters have been widely discussed for long. A draft of the relevant act, which initially seemed to be the issue of the remote future, will be coming into effect fairly soon.

The act is a response to many postulated proposals of introduction into the Polish judicial system of specialized courts to handle intellectual property matters. The number of disputes over intellectual property is continuously growing, and they cover a broad range of issues to be resolved. Therefore, on 13th February 2020, the Polish Parliament passed the Act on Amendment of the Civil Procedure Code, including an amendment to a number of other Laws. The Act will come into effect on 1st July 2020.

The intention of the draft Act was to create separate organizational units within the common judicial system, which would handle the cases in the field of copyrights and related rights, intellectual property and unfair competition.

Read the full article on IP-BLOG.

In the latest IP Stars 2020 ranking recognizing the best IP law firms in terms of experience and professionalism in trademark prosecution, Patpol took the highest position as Tier 1 Firm (Trade Mark Prosecution 2020).

We are honored to be listed in this significant ranking for the last few consecutive years.

We are also pleased to announce that the same organization, Managing IP – has also distinguished our experts in the recently published IP Stars 2020 ranking for individual IP practitioners. The recognized individuals are: Izabella Dudek-Urbanowicz, managing director of Patpol, and head of the trademarks and industrial designs department (category: trademarks) and Magdalena Tagowska, Ph.D. – head of the patents department at Patpol (category: patents).

Both practitioners have extensive practical experience in representing clients in their IP portfolios protection for both Polish and foreign companies as well as research and educational institutions.

IP Stars is a leading specialist guide for law firms and lawyers dealing with intellectual property rights around the world. The guide began in 1994. IP Stars research covers various areas of IP practice in over 70 jurisdictions, making it the most comprehensive and widely respected guide on intellectual property in the legal profession.

The previous article presented an informational claim, including its genesis and the previous regulation in the Industrial Property Law dated 30th June 2000 (hereinafter referred to as: “IPL”). Today’s article will be devoted to the amendment of the IPL, which has been in force since 27th February 2020 and has changed the regulation of the informational claim in title.

First of all, the amended IPL separated the claims for securing evidence previously regulated in art. 286 [1] from securing claims for information. Currently, the claim for information is regulated in a separate article 286 [2]. The legislator has introduced new solutions, and the current wording of the provision does not seem to cause similar interpretation problems as before the amendment. Nevertheless, interestingly enough, it was also decided to return to the provisions that were found as invalid. The provision indicating enumerative catalogue of entities, from which information may also be requested, which is also directly regulated by Directive 2004/48/EC[1], has been restored.

Therefore, a request for information may be addressed, respectively, to a person other than the infringer, if it has been stated that the person has the goods infringing the rights specified in the IPL, uses the services infringing those rights, or provides the services used in the activities infringing those rights. The catalogue of entities which de facto share the position of the infringer also includes a person indicated by the above described entities as participating in the production, manufacture or distribution of goods or services infringing a patent, additional protection right, protection right or right of registration. According to the IPL, all these activities are aimed at obtaining, directly or indirectly, profit or other economic benefit.[2]

Read the full article on IP-BLOG.

This Sunday, April 26, the world will celebrate the World Intellectual Property Day. To spread the knowledge on intellectual property as widely as possible Patpol and Patpol Legal experts organize a hotline day in which anyone interested in exploring issues of IP protection can ask a question and get a quick credible answer.

The theme of this year’s World Intellectual Property Day is Innovation for a green future. The World Intellectual Property Organization is leading the work on creating a balanced and effective international intellectual property system that will support innovation. A green future means fighting climate change and ownership-based innovation.

Patpol and the Patpol Legal law office, leaders in the intellectual property protection sector in Poland, have been cooperating with inventors for many years, whose innovative ecological solutions contribute to environmental protection. This year, as part of celebrating World IP Day, the company experts – patent and trademark attorneys as well as lawyers specializing in IP law – will answer all questions regarding intellectual property in Poland and in the world .

Do not hesitate to contact us via Facebook’s Messenger on Monday, April 27, between 9 am to 4 pm.

The issue of what a trademark is and what is its legal definition was discussed in the previous parts of this series (You can read it here).

A trademark  which constitutes a color is a mark composed of only one color (per se) or a combination of colors without the outlines.

This kind of trademarks shall be represented by a reproduction of color or a combination of colors without marking the outlines, which reproduction shall demonstrate in a uniform and predetermined way their regular arrangement, along with the indication of colors by referring to the generally accepted code of colors ? for example the PANTONE color identification system.

It is also important that an application for registration of a color or a set of colors as a trademark includes a description of the mark indicating the position of colors and their proportions.

Read the full article on IP-Blog.pl

In less than a week ago the World Health Organisation characterized COVID-19 as a pandemic.[1] It affects people within different and basic aspects of their lives. Nowadays, we ponder how this situation will impact the economy, mainly entrepreneurs.

Therefore, the wide discussions about new regulations concerning employees and employers is being conducted. However, my aim is to introduce our Readers- entrepreneurs and often patent holders, to the regulations which allows the State to use their patents in case of a threaten of broadly understood public interest.

Patent is an right that provides right holder’s invention with a very strong protection as it allows him to exclusively use an invention for profit or for professional purposes throughout Poland. Therefore the strength of this right derives from the fact that each and every unlawful enter in its exclusivity is considered to be an infringement.

Read the full article on IP-Blog.pl

A PATTERN

Yet another kind of unconventional trademarks (namely, not the most common ones, such as word, word-figurative or figurative marks) is a mark being a pattern.

A trademark, which is a pattern, is a mark which consists exclusively of a set of regularly repeating pattern elements.

This is a new kind of trademark in the Polish Law on Industrial Property. A pattern trademark can also be applied for registration as a trademark of the European Union (EUTM) in the European Union Intellectual Property Office.

This kind of trademark can be destined for the marking of any kind goods or services ? but most frequently it is registered for such goods as: paper, fabrics, clothing, leatherware, jewelry, wallpapers, furniture, tiles, tires or building materials.

Read full article HERE.

Coronavirus pandemic does not only have serious impact upon our health, but it also affects our whole functioning with regard to many aspects, such as remote working, organization of social life, or limitations in sport activities.

The government is launching new restrictions step by step, as it is implementing its plan for citizen protection against the pandemic. In the meantime, a lot of business had to be shut down, but there are some entrepreneurs who are making profits. These are mostly the manufacturers of goods which are currently in great demand: antibacterial gel, soap or toilet paper, but there are also a few others.

Today let us have a look at coronavirus from a different perspective, namely let?s see whether the pandemic has had any influence upon trademark applications.

Read a full article HERE.

Every day we observe information about new cases of coronavirus. The situation in Warsaw and Poland is changing day by day and activities leading to possible transmission of the virus are gradually reduced.

We hope that in the coming weeks and by following administrative recommendations, we will manage to overcome the development of covid-19 in Poland and around the world.

We assure you that our law firm is constantly operating and delivering services at the same high level, with most of our employees working remotely.

We have the tools and technologies that make this work possible, which is why we always take care of your needs.

Taking this opportunity, we wish you all health and strength to endure this unusual time. Let us remain calm and responsible for ourselves and others around us.

Yours sincerely,

Izabella Dudek-Urbanowicz Managing Director

Dariusz Piróg Managing Partner, Patpol Legal