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ARTICLE · 13 MARCH 2023

Proposed Changes To Trademark Opposition Rules

Trade marks play a vital role in distinguishing goods or services of businesses.

PolandIntellectual Property

Trade marks play a vital role in distinguishing goods or services of businesses. They may exist as non-registered intellectual property but they can also serve as registered one. The registration of a trade mark gives the authorized person or company the exclusive right to use the trade mark in a commercial or professional manner in a specific territory.

One of the stages of the trade mark registration procedure, both in Poland and the European Union, is the possibility of filing an objection to the trade mark application. If examination of such opposition reveals that the trade mark may not be registered in respect of some or all of the goods or services for which the trade mark application has been made, the application shall be refused in respect of those goods or services. The opposition procedure should enable trade mark offices to refuse the registration of trade marks that collide with earlier trademarks or other rights of third parties.

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