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Validation, a short guide part I – What is validation?

The word “validation” by itself has a few meanings. The Dictionary of the Polish Language defines validation as “the generality of actions performed with the aim of checking the appropriateness, relevance or accuracy of something” [1].

Wikipedia provides various definitions of this word, depending on the field, in which it is used. For example, validation “in technical science and information technology is the action performed in order to obtain a confirmation, in a documented manner being consistent with the assumptions, that the procedures, processes, devices, materials, activities and systems truly lead to obtaining the pre-planned results.” [2]

One of online dictionaries of the Polish language provides three definitions of this word. The last of them is very close to our context: “formerly: confirmation, becoming effective” [3].

Validation of a European Patent means that an invention is protected in the given territory and the proprietor is entitled to use it for making profits. If such patent is infringed, then the proprietor will be able to undertake the relevant actions in order to enforce one?s protection rights, such as bringing action for patent infringement to the court. If a patent is not validated in the territory of a given country, then the invention covered by that patent will not be protected in this territory. What is essential to note, the protection resulting from a European Patent works only in the countries where the validation has been done.

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[1]https://sjp.pwn.pl/sjp/walidacja

[2] https://pl.wikipedia.org/wiki/Walidacja(technika)

[3] https://sjp.pl/walidacja

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

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

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