Under the new procedure, other entities may apply for trademarks identical/very similar to the already registered ones, and, what is worse, these trademarks may obtain protection, unless…
The owner of the prior mark files an opposition within 3 months from the date of publication of the information on the new application in the Bulletin of the Polish Patent Office. If no opposition is filed within the above indicted term, identical or similar trademark will be registered, and the only way of eliminating it after registration will be cancellation proceedings, which are more risky, time-consuming and costly.
How the trademark owner should know whether an identical/similar trademark has been filed? He should watch his newly-filed mark, i.e. check whether after the date of its application there appear trademarks identical or similar to his sign.
Moreover, trademark watching should be conducted in order to protect the right to a registered trademark as it gives the possibility of detecting and eliminating competitive signs that have been filed with one of the intellectual property offices in order to obtain protection, as well as a chance to watch the activity of competitors.
We offer the following options of trademark watching:
Before applying for a trademark registration, we recommend conducting a clearance search for the selected name. It allows us to establish whether there exist any prior trademarks, and therefore, whether there are entities which may file oppositions against the registration of the proposed sign. As a result of conducting the clearance search, appropriate amendments to the selected trademark can be made, in order to eliminate the risk of oppositions filed by third parties.
Trademark clearance search also allows us to amend trademark application in such a way that it does not fall within the scope of protection of the trademarks that have been filed/registered earlier.