Category: News

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

On March 5, 2020 during the 15th Managing IP EMEA Awards in London, Patpol was awarded the Firm of the Year 2020 in Poland (Prosecution).

Managing IP EMEA Awards is one of the most important events in the world, during which the best intellectual property professionals are awarded. It gathers key patent and law firms and their clients, constituting a unique platform for the exchange of experiences and opinions. The awards are a prestigious international confirmation of the unique intellectual property competences of the awarded companies.

“We are pleased that the international group of our clients and IP market players appreciated the quality of our consultancy and the professionalism of our patent and trademark attorneys. We operate in this industry for over fifty years, trying to optimally combine the unique experience on the Polish market with the challenges of the modern, constantly changing world.” – comments Izabella Dudek-Urbanowicz, managing director of Patpol.

Joanna Piłka and Aleksandra Kryśka have been honored and recommended for cooperation by respondents to the annual market research, carried out every year for the last ten years and called WTR 1000.

The experts specialize in trademark and industrial designs law and are experienced long-term practitioners with extensive experience in both trademark and designs protection strategies, IP portfolio management as well as contentious issues or trademarks and designs registration.

The WTR1000 ranking also distinguishes the best law firms specializing in trademark and industrial design law – Patpol is once again delighted to be among the highly recommended companies in Poland.

WTR (World Trademark Review) is an independent information portal dealing with issues related to trademarks for IP practitioners around the world.

Today we are answering a number of questions that are continuously puzzling you: When the symbol (R) can be used? What does (T) stand for? What other symbols can also be used to denote one’s rights?

These questions are repeatedly sent to our office’s e-mail, so let me discuss the relevant legal issues to clarify the returning ambiguities.

It provides a straightforward notice that a trademark is registered. The use of the symbol (R) is governed by the Polish Law on Industrial Property (hereafter: the PIP Law). According to the currently binding regulations, this symbol can only be used by a person, in the name of whom the right of protection for a trademark has been granted.

“The right holder may indicate that their mark was registered by placing the letter (R) enclosed within a circle next to the trademark.”  – art. 153 par. 1³ of the PIP Law

This means that a trademark, next to which the symbol (R) appears, has already gone through the registration procedure before the Polish Patent Office and it has been granted a right of protection.

Read full article HERE.

We are delighted to inform about our latest industry recognition as the 2020 Best IP Advisor in Central & Eastern Europe by the jury of INIFA Innovation IP Forum and Awards.

The gala dinner organized by Leaders League publishing house was held yesterday (28th of Jan.) in Paris where our managing director, Izabella Dudek-Urbanowicz accepted the award on behalf of the team. The purpose of this competition is rewarding the Best IP Advisors for their performances on the long run. 

Taking this opportunity we would like to congratulate all the winners and nominees recognized during the event.

According to legal definition, a trademark is any sign which is capable of distinguishing the goods of one undertaking from the goods of other undertakings, and also capable of being represented in the Trademark Register in a way that allows to determine clearly and precisely the subject of granted protection.

Apart from the most common kinds of trademarks, such as word, word-figurative or figurative, yet another kind is a three-dimensional trademark, which is nothing else but the shape of a product or the shape of its packaging.

Read full article HERE.