Trademarks are our field of expertize. We advise both large and small companies operating on many different sectors and industries. We work closely with our clients, hence we’re able to Close contact recognize their needs and choose the best strategy for the protection of trademarks as to the territory of protection and a way to get it. We have extensive experience in all aspects of trademark protection. We assist in applying for and acquiring rights. We represent our clients in trademark’s invalidation/cancellation proceedings as well as trademark’s enforcement proceedings. We watch over safety of our clients trademarks. We also carry out changes in the trademark register and renew the rights We draw up a contracts and conduct transactions related to trademarks .
A trademark is a sign used by entrepreneur to distinguish its goods and services coming from its entrepreneurship on the market. Trademark must be capable of distinguishing goods or services, may not be descriptive in relation to the goods or be of general informative nature to it.
Trademark can consist of any sign capable of being represented graphically. This may be in particular word, drawing , ornament , colour composition, three dimensional form, the shape of goods or their packaging, as well as melodies or other acoustic signals.
Trademarks can play an important role in given entrepreneur economic activity, affecting significantly its market position.
Creating a new brand of product or service it is worth at an early stage to invest in obtaining the right to the trademark. This will protect the right to given sign and will provide safeguard against negative actions taken by the competition.
Trademark is also a valuable asset of the company. By investing in trademark protection, entreprenuer acquires intangible asset that is deductible in its balance sheet. Trademark may also affect real financial situation of the entrepreneur playing a role of a secure of loans or investments.
By getting trademark registration, entrepreneur obtains monopoly on the use of that mark in relation to goods or services covered by the registration. This monopoly means an exclusive right to use the trademark on the territory of a given country or group of countries (depending on the type of the mark).
Trademark registration gives the right to prohibit other market players to use trademarks not only identical but also similar in relation to identical or similar goods / services provided that it would involve consumer’s likelihood of confusion.
Trademark registration in principle is limited to the territory of given country. Thus, Patent Office of the Republic of Poland grants protection for trademarks effective on Polish territory. The above principle is departed by the Community Trademark regulation. Community trademarks as being granted on the EU regulation have uniform effect in all Member States.
One may also apply for and get so-called international trademark registration through a common procedure administered by the World Intellectual Property Organization, which is based on the local trademark or its application. This procedure ends up in getting bundle of local laws in countries designated in the application.
Application for getting trademark protection must be preceded by checking availability of trademark - so called search report – which will reveal whether potential obstacles in obtaining registration. None or incompetent examination may result in negative consequences and refusal in getting protection or filing opposition by the owner of earlier trademark to the trademark applied for.
Entrepreneur will learn about the potenial refusal or objection after several months from submission of application what may result in causing huge losses connected with necessity of changing the trademark.
Members of our team in a quick and competent way are able to examine availability of trademark and advise what changes should be made to maximize the chance of obtaining trademark registration.