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WIPR – JURISDICTION REPORT: POLAND

We recommend reading the latest report prepared by World IP Review, summarizing the changes in digitization of the Polish application procedures at the Polish Patent Office.

Among benefits related to the digitization of the Polish Patent Office there are: online submissions, electronic circulation of documents, simplification of communication

Full report in english

Using a trademark in different form than registered and proofs of genuine use – part 2

The First Board of Appeal of the European Union Intellectual Property Office (EUIPO) presented its standpoint on the use of a trademark in different form than registered and the proofs of such use.

In a decision of 18 May 2020 issued in appeal proceedings, concerning declaration of partial revocation of the trademark  EUTM 10481596, registered for goods in class 30, including mainly chocolate, flour and milk confectionery, EUIPO stated among others that genuine use of a trademark shall be deemed to have taken place if the mark is used in compliance with its basic function – namely it guarantees the distinction of identity of the origin of goods or services designated therewith.

In the first part of this article, the following were considered: genuine trademark use, time period and territory of use of the mark. Today, in the second part, we will present the extent and nature of use of the mark, as well as an overall assessment of proofs in this case.

Read the full article on IP-Blog.pl

Joanna Rafalska in Agro Industry

The alcoholic beverages market in terms of sales volume is one of the most important FMCG categories in Poland. However, strong competition and specific industry law regulations make it a difficult market.

In the latest article on Agro Industry of Bikotech Joanna Rafalska, writes about the specific restrictions in promoting products on the Polish alcohol market.

Read in Polish

Patpol’s experts have been recognized in the WIPR Leaders 2021

We are delighted to announce that Patpol’s experts, Izabella Dudek-Urbanowicz, Aleksandra Kryśka and Joanna Piłka have been recognized in the WIPR Leaders 2021.

We are particularly pleased with this recognition because all leaders were chosen after a four month nomination process, in which World Intellectual Property Review sought views from 12,000 IP professionals.

Thank you for your trust!

Using a trademark in different form than registered and proofs of genuine use – part 1

The First Board of Appeal of the European Union Intellectual Property Office (EUIPO) presented its standpoint on the use of a trademark in different form than registered and the proofs of such use.

In a decision of 18 May 2020 issued in appeal proceedings, concerning declaration of partial revocation of the trademark  EUTM 10481596, registered for goods in class 30, including mainly chocolate, flour and milk confectionery, EUIPO stated among others that genuine use of a trademark shall be deemed to have taken place if the mark is used in compliance with its basic function – namely it guarantees the distinction of identity of the origin of goods or services designated therewith.

As part of the analysis of this, the following should be considered: genuine trademark use, time period and territory of use of the mark, which will be the subject of the first part of this article. In the second section, we will present the extent and nature of use of the mark, as well as an overall assessment of proofs in this case.

Read the full article on IP-Blog.pl

Patpol and ScanVet celebrates World IP Day [Video]

On the occasion of this year?s World IP Day, Patpol has prepared a short interview with one of our clients ? ScanVet Poland, a company dealing with production and distribution of medicines and supplements for animals, and which has been protecting its IP in Poland since 1991.

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On the occasion of this year’s World IP Day, Patpol has prepared a short interview with one of our clients – ScanVet Poland, a company dealing with production and distribution of medicines and supplements for animals, and which has been protecting its IP in Poland since 1991.

Underlining the importance of today’s holiday, Martin Liberski, GM of ScanVet Poland and Izabella Dudek-Urbanowicz, Managing Director of Patpol share their views on IP protection.

https://youtu.be/1dgdAKPQCwE

World IP Day

World Intellectual Property Day has been celebrated around the world on April 26 for over two decades.

The holiday was established by the World Intellectual Property Organization (WIPO) in order to make the public aware of the role that intellectual property rights play in everyone’s life and to deepen knowledge on this subject.

The leitmotif of this year’s edition is to emphasize the importance of intellectual property in the activities of small and medium-sized enterprises.

Patpol was awarded the best IP advisor in Poland in 2021

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.

The award for IP prosecution recognizes the firm?s achievements in patent, trademark and design work during the past year.

Patpol has been successful advising clients on obtaining protection for their industrial and intellectual property. Thanks to well-thought-out strategies and assistance in the management of industrial and intellectual property rights, they became an important component of companies value.

“We are honoured that once again our experience and commitment to work for clients have been appreciated” – commented Izabella Dudek-Urbanowicz, managing director of Patpol – “For us, the greatest achievement is to observe the market success of our clients. This success, in turn, is possible thanks to proper IP protection, which not only increases the company’s competitive advantage but also increases the company’s value”. – she added.

Managing IP managing editor Ed Conlon said: “Since 2006, the Managing IP Awards have been a major event in the IP calendar. This year, they are being presented virtually for the first time due to the pandemic. We send our congratulations to all the winners and look forward to gathering again in person next year.”

A trademark cannot contain the symbol of cannabis. But is it always so sure?

A trademark cannot contain the symbol of cannabis. Such was the decision of the General Court of the European Union issued on 16 December 2019, which we broadly commented in one of our previous IP Blog articles.

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A trademark cannot contain the symbol of cannabis. Such was the decision of the General Court of the European Union issued on 16 December 2019, which we broadly commented in one of our previous IP Blog articles.

To begin with, for a clear understanding of the subject of discussion, let us refer to the European Union trademark application no. EUTM-016176968 having the following representation:

The above referenced EUTM trademark application was rejected by the European Union Intellectual Property Office (EUIPO), and the decision on its rejection was subsequently upheld by the Chambers of Appeal and the General Court of the European Union.

Read the full article on IP-Blog.pl

Essential tips on brand protection in Poland

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.

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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.

We are pleased to present our latest guide on brand protection in Poland.

Should you wish to find out:

  • how does the registration process look like in Poland
  • what to consider when choosing a trademark
  • how to care about your brand after the registration

and other important information, please click the button below to download the guide:

Essential tips on brand protection in Poland?

 

Patpol supports the project “Itsy-bitsy CANCER” leaves you with a SCAR – by artist Monika Mamzeta and the Wall Gallery

Many women in Poland live with breast cancer without even being aware of it, and when they find out about it, it is often too late to carry on with a proper treatment therapy. That is why early stage and regular breast tests are so important.

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Many women in Poland live with breast cancer without even being aware of it, and when they find out about it, it is often too late to carry on with a proper treatment therapy. That is why early stage and regular breast tests are so important.

In the view of promoting the habit of regular screening preventive examinations that can save lives, Patpol decided to support the art project by Monika Mamzeta and the Wall Gallery. Monika Mamzeta is a graduate of The Faculty of Sculpture at the Academy of Fine Arts in Warsaw and the Faculty of Law at the University of Warsaw. She works as a trademark attorney, and at the same time she is an artist who creates sculptural and multimedia installations, photographs and videos. She has been fighting breast cancer for many years. In 2015, she underwent a mastectomy. “Itsy-bitsy CANCER” leaves you with a SCAR” is an international competition for a tattoo design, organized by the artist, which will be created in the place after her breast. The winning concept will be realized on Monika Mamzeta’s body by the end of 2020.

“As every woman, I know how important cancer prevention and regular examinations are for us. At the same time, I am aware of the sad statistics about unnecessary victims of breast cancer, victims that could have been avoided if only ladies had reacted early enough. That is why we decided to support the project – Itsy-bitsy CANCER ” leaves you with a SCAR, which through art reaches the audience with an important message: fight the disease and stay beautiful. ” – said Izabella Dudek-Urbanowicz, managing director of Patpol.

“Most of the Patpol team are women who are outstanding specialists in their areas of specialization, working, just like Monika, as patent and trademark attorneys. Knowledge is the key to success in this profession. As is education in the field of breast cancer and increasing women’s awareness, which is the key to a successful fight against this disease. ” – commented Izabella Dudek-Urbanowicz.

 

For more information about the project “Itsy-bitsy CANCER” leaves you with a SCAR – visit the website: https://wallgallery.online/projects/itsy-bitsy-cancer/

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