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Individual awards for Patpol experts in the WTR1000 2022 ranking!

For another year in a row, the leading experts of our law firm are awarded in the prestigious World Trademark Review list of the best patent attorneys dealing with trademarks and industrial designs. Congratulations to Izabella Dudek-Urbanowicz, Aleksandra Kryśka and Joanna Piłka for individual recommendations in the WTR1000 2022 Ranking.

Izabella Dudek-Urbanowicz, Managing Director of Patpol has been ranked in the Prosecution and strategy category as an expert who is the first choice in matters related to intellectual property.

In the recommendation you can read: ?She is a superb practitioner with the ability to look at prosecution matters from all sides. Energetic, passionate and always well prepared, Izabella delivers an excellent service and gets directly to the heart of the issue. She is the first choice for IP matters in Poland.?

Aleksandra Kryśka and Joanna Piłka were also awarded in the Prosecution and strategy category. The authors of World Trademark Review highlighted: ?Kryśka is deputy head of the trademark team and a safe bet when it comes to administrative proceedings. Joanna has outstanding knowledge and client-oriented approach which make her a pleasure to work with?.

Congratulations to our experts and many thanks for all the opinions thanks to which the ranking was created.

Gold recommendation for Patpol in WTR 1000 rankings.

We are very happy to announce that in the prestigious WTR 1000 2022 ranking, our firm received a golden award in the “Prosecution and strategy” category.

The justification for the recommendation emphasized experience and effectiveness of Patpol attorneys in the field of administrative proceedings regarding the protection of intellectual property for Polish and international companies, as well as the successes of Patpol Legal lawyers, including in matters of parallel import for large entities.

Congratulations to the whole team – the award would not be possible without your commitment, knowledge and determination.

We also thank our clients for their trust and recommendations, on the basis of which the ranking is created.

Źródło: https://www.worldtrademarkreview.com/rankings/wtr-1000/profile/firm/patpol-european-and-polish-patent-and-trademark-attorneys

What names can be registered as trademarks? A handful of the most essential tips

Author: Nina Jankowska, Polish and European Trade Mark and Design Attorney

The process of choosing the name for one?s brand does not seem to be easy. The market of today is full of thousands of products and it is becoming more and more difficult to invent an original designation which could be easily distinguished from other names, and it would be catchy and quickly remembered by consumers. Apart from this, there is yet another issue to be checked: namely, whether an identical or similar name has already not been applier or registered on behalf of another party. To put it simply, the Applicants must also make sure if they are not infringing someone else?s prior rights, and automatically do not put themselves to the risk of generating unwanted legal costs.

What requirements must a name or logo fulfill in order to obtain registration?

Obtaining legal protection for a name or logo is possible through registration as a trademark. However, not every name and logo is suitable for registration. The Patent Office will register a trademark on condition that it fulfills the absolute and relative grounds of registration.

First and foremost, a trademark should be capable of being distinguished from other signs which are already used and registered, so that a consumer can distinguish the name and logo of one entrepreneur from those of others.

As regards the absolute grounds of registration, it is required that a trademark does not indicate directly the goods designated with the mark, or the services for advertising which it is used. In other words, a trademark shall not be descriptive in relation to the goods or services, for which it is intended.

For example, if one tried to register the word ?laptop? as a trademark for ?laptops or computers?, it would be denied registration as being descriptive and devoid of distinctive character. Another analogous example would be an application for registration of a trademark being the phrase ?The Best Apples? for apples or other fruit. Such mark, just as in the previous case, would be denied registration by the Patent Office.

A name applied for registration cannot also be composed of the elements which have already entered into common language, or are customarily used in fair and established trading practices.

What is also essential, one cannot create a trademark which is contrary to good morals, it offends religious beliefs, patriotic feelings, or national tradition…

Continue reading on IP-Blog.pl

Joanna Rafalska for the magazine “The World of Pharmaceutical Industry”

What exactly is the distinctive character of a trademark on the pharmaceutical market?

Can trademarks include international non-proprietary names (INN)?

How to verify the name of a medicinal product before placing it on the market?

Joanna Rafalska, patent attorney at Patpol, in the magazine “The World of Pharmaceutical Industry” (“Świat Przemysłu Farmaceutycznego”), discusses legal possibilities of registration of names and trademarks for medicines and medicinal products and also advises to which regulations and procedures the consumers should pay attention.

Read in polish full article.

Registration of a trademark and the rights of the creator of the logo

Can I register a trademark that has been designed by an external graphic designer? Absolutely yes, but first copyrights to this trademark should be transferred.

“AGROindustry” online magazine has published an article by Joanna Rafalska – a patent attorney at Patpol, who discusses practical problems with trademark registration that may arise if the copyright issues have not been regulated properly.

We invite you to read the full article in Polish.

Joanna Piłka become a member of the Training Committee of the PIRP

We are very proud that our experts are actively involved in the process of building patent and trademark attorneys’ self-government.

Joanna Piłka has just become a member of the Training Committee of the Polish Chamber of Patent Attorneys, which deals with professional training and development.

Joanna has been giving numerous lectures and presentations for many years, thanks to which she will be able to support the work of the Committee with her knowledge and practical experience.

Congratulations!

A bunch of Italian entrepreneurs are still trying to register a trademark with the symbol of cannabis ? do such marks really incite consumers to use illegal substances?

New article on IP-Blog.pl by Nina Jankowska

In my previous publications on IP Blog I have already discussed the problems encountered by applicants in connection with registration of trademarks having some reference to hemp and cannabis (The symbol of cannabis is contrary to public policy and a trademark containing it cannot be registered in the European Union.A trademark cannot contain the symbol of cannabis. But is it always so sure?). This time I would like to present the case of three EUTMs and the most recent decisions of the EUIPO Board of Appeal concerning these marks, dating from the first quarter of 2021.

The first case concerns the trademark of the European Union WELL WEED no. EUTM 018282503:

The above trademark was applied by three physical persons from Sardinia, an Italian island in the Mediterranean. The application covers only two classes: 22 (cannabis) and 34 (tobacco and tobacco products (including tobacco substitutes).

The mark met with refusal of granting protection by EUIPO due to being contrary to public policy and accepted principles of morality, which exist in only part of the European Union (art. 7 par. 1 letter f) and art. 7 par. 2 of the Regulation (EU) 2017/1001 on the European Union Trademark).

Read the full article by Nina Jankowska on IP-Blog.pl

Nina Jankowska for the AGROIndustry magazine

Not only packaging, but also chocolates in an unusual shape or fancifully wrapped cookies can be registered as an industrial design. What is important, the submitted design must be new and must have individual character.

The protection of food products and litigation proceedings concerning the invalidation of trademarks on the food market were discussed by patent attorney Nina Jankowska in an article for AGROindustry magazine.

We invite you to read full text in polish.

INTA 2021 Annual Meeting Virtual + starts!

INTA 2021 Annual Meeting Virtual +, this year’s largest IP event starts on November 15th.

We are looking forward to 5 intense days, which are going to be filled with lectures, International Trademark Association (INTA) committee meetings and networking with patent attorneys from all over the world.

This year, the event will take place in a hybrid form and will bring together more than 2,800 participants who will be able to take part in both online sessions and face-to-face meetings in New York, Berlin and Los Angeles.

During the online meetings Patpol and Patpol Legal will be represented by: Izabella Dudek-Urbanowicz, Dariusz Piróg, Joanna Piłka, Aleksandra Kryśka and Dariusz Świerczyński PhD.

Barbara Milczarek for The World of Pharmaceutical Industry Magazine!

In order to patent a new chemical compound, which is to be used for medical purposes, it is necessary to present already in the patent application the results of a research confirming its therapeutic effects.

In the latest issue of the magazine “The World of Pharmaceutical Industry” (“Świat Przemysłu Farmaceutycznego”) Barbara Milczarek, a patent attorney at Patpol, discussed the obligation of a sufficient disclosure of invention in the context of the application procedures.

We invite you to read the full article in polish.

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