As I have already mentioned in my first article in this series (?Everyone can see what a trademark is like?? Part I), a trademark, according to legal definition, is any sign which is capable of distinguishing the goods of one undertaking from those of other undertakings, and which can be represented in the Trademark Register in a way that allows to determine clearly and precisely the subject of granted protection.
As I have already mentioned in my first article in this series (“Everyone can see what a trademark is like” – Part I), a trademark, according to legal definition, is any sign which is capable of distinguishing the goods of one undertaking from those of other undertakings, and which can be represented in the Trademark Register in a way that allows to determine clearly and precisely the subject of granted protection.
Yet another kind of trademarks – apart from those which are the most popular, such as word, word-figurative, or figurative marks – is a positional trademark.
The gourmets of deli meats are undoubtedly well-familiar with the word-figurative trademark which represents the characteristic logo of a master butcher along with the words ?HENRYK KANIA?.
The gourmets of deli meats are undoubtedly well-familiar with the word-figurative trademark which represents the characteristic logo of a master butcher along with the words “HENRYK KANIA”.
The owner of the trademark – the company Zakłady Mięsne Henryk Kania (“Meat Factory Henryk Kania”) fell into financial trouble, which in the worst-case scenario may end up in declaring bankruptcy. There are many speculations as to the company’s future, while negotiations are pending and recovery plans are awaiting their implementation. The company’s property is in the scope of interest of three other companies, including HK Trade, the subsidiary of Zakłady Mięsne Henryk Kania.
Regardless of the outcome, let us have a closer look at what may happen to the company’s non-material assets such as trademarks, if the company is taken over.
Read the full articule by Joanna Rafalska on IP BLOG.
In latest article in The Trademark Lawyer Magazine, our expert Aleksandra Kryśka explains the opposition procedure to applications for registration of a trademarks in the light of revolutionized over 3 years ago amendment to the Law on Industrial Property in Poland.
After the years 2016 and 2017, which were abundant in national trademark applications filed in the Polish Patent Office, a significant decrease in the number of applications occurred in the year 2018. However the number of the European Union Trademarks filed in 2018 reflects the upward trend which has been observed in the recent years in the growing number of EUTM applications filed by the Polish companies.
After the years 2016 and 2017, which were abundant in national trademark applications filed in the Polish Patent Office, a significant decrease in the number of applications occurred in the year 2018.
However the number of the European Union Trademarks filed in 2018 reflects the upward trend which has been observed in the recent years in the growing number of EUTM applications filed by the Polish companies.
We are delighted to inform that Aleksandra Kryska our Deputy Head of Trade Mark and Design Department, and Patent Attorney, has been accepted as a member of INTA?s Non-Traditional Marks Committee for the 2020?2021 term
We are delighted to inform that Aleksandra Kryska our Deputy Head of Trade Mark and Design Department, and Patent Attorney, has been accepted as a member of INTA’s Non-Traditional Marks Committee for the 2020-2021 term
This committee’s role is to develop and advocate the International Trademark Association (INTA) policy regarding the balanced protection of nontraditional trademarks. Aleksandra will bring wealth of experience to the group as an active INTA member since 2005 and a patent attorney since 2009.
A heavy rain and a cold weather did not disturb them – the Patpol IP Runners team including Aleksandra Kryska, Aleksandra Sołyga-Żurek, Dariusz Piróg, Karol Szymańczak and Piotr Jeżółkowski proved that it is possible and worth helping – this time running in Warszawa Business Run, where the goal was to support people with movement disabilities.
A heavy rain and a cold weather did not disturb them – the Patpol IP Runners team including Aleksandra Kryska, Aleksandra Sołyga-Żurek, Dariusz Piróg, Karol Szymańczak and Piotr Jeżółkowski proved that it is possible and worth helping – this time running in Warszawa Business Run, where the goal was to support people with movement disabilities.
Patpol has picked up the Prosecution Firm of the Year award for Poland at the Managing IP Awards 2021. The awards were presented in a virtual ceremony broadcast worldwide on March 30 2021.
Patpol?s expert and patent attorney, Weronika Witkowska will take part in a panel discussion on: Protection of IP rights of solutions using artificial intelligence. The panel is part of the program of the XV international symposium – Industrial property in innovative economy – Artificial intelligence and intellectual property protection – the event organized by the Polish Patent Office. Patpol is a partner of the symposium.
The panel, which will be held on September 5, 2019 in Kraków, will also feature the representatives of Google, the Jagiellonian University and other intellectual property law firm.
It is estimated that the use of artificial intelligence will contribute significantly to the acceleration of Polish economic growth in the coming years. The prerequisite is effective protection of such solutions. Artificial intelligence is a challenge for intellectual property rights system, due to the replacement of its deliberate efforts of man. The possibility of a faster learning and learning by machines without directly involved society delimit a new way for the development of the economy and are the future of innovation.
In the latest Trademark Lawyer Magazine, Monika Zielińska, presents a handful of tips on what should be remembered by the holders of Polish national trademarks, especially in view of the latest amendments to the Polish Industrial Property Law.
In the article, our expert explains the nuances of trademark renewals, emphasizes the importance of using and monitoring trademarks, as well as updating details of a trademark in the register. She also draws attention to the differences between Polish and EU law, especially in the context of the new Polish regulations, which have been in force since March 16, 2019.
“These amendments introduced for the implementation of art. 46 of the Directive (EU) 2015/2436 of the European Parliament and of the Council of 16 December 2015 to approximate the laws of the Member States relating to trade marks, make it much more difficult for the owners of earlier trademarks to refer to their rights. The amendments also cause that the implementation of the practice of a systematic securing and archiving of the proofs of using one’s own trademarks in the territory of Poland should become a priority for their owners. Otherwise, in the event of a dispute, these rights may turn out to be useless, and the expenses spent on keeping them valid – needless.”
Read the entire article in The Trademark Lawyer Magazine, Issue 4 2019.
In my previous entry to IP Blog ? “The devil is in the details…, or from when one should count the 5-year period, during which it is possible not to use one’s trademark without consequences?” ? I discussed the problems connected with determining the initial date of the 5-year period for declaring lapse of protection in Poland of international trademarks.
In my previous entry to IP Blog – “The devil is in the details”, or “from when one should count the 5-year period, during which it is possible not to use one’s trademark without consequences” – I discussed the problems connected with determining the initial date of the 5-year period for declaring lapse of protection in Poland of international trademarks.
The Polish regulation Art. 15215 Par. 2 of the Law on Industrial Property, in the wording as from 16th March 2019, is nearly a literal repetition of the relevant regulation in the Directive. Unfortunately, in this case the literal wording means that the proposed dates are not adapted to the procedure at hand.
We are proud to announce that Joanna Piłka, Head of Trade Mark and Design Department in PATPOL, became a member of the ECTA Design Committee.
The ECTA Design Committee works on legal aspects of the protection and enforcement of industrial designs. The Committee among others is a platform for examination and elaboration of recommendations on the design rights related matters in the European, international and national design law to promote and improve the design system.
Designs are Joanna’s passion for many years now and we are sure that she will make a significant contribution to the works of the ECTA Design Committee.
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