Poland: IP law update
In Poland, sweeping changes were implemented through the EU Trademark Directive 2015/2436. These broad provisions modernized trademark regulations across multiple areas including registration processes, grounds for refusal, and procedural aspects.
Graphic Representation of Signs
The updated IP Law eliminated the requirement that signs be represented graphically for trademark registration. This advancement permits registration of colors, shapes, and multimedia signs (such as sound) without depicting them as visible 2D images. Instead, signs must be “described in a sufficiently clear and precise way.” The law now provides an exemplary list including digits, letters, and colors as registrable trademark categories.
Collective and Guarantee Trademarks
Significantly expanded regulations now govern collective trademarks (for legal persons protecting entrepreneurs’ interests) and guarantee marks (distinguishing certified from non-certified goods). The guarantee trademark provisions are particularly noteworthy, as they permit registration of signs indicating geographical origin—typically prohibited for standard trademarks. Guarantee trademark applications require supplementary regulations examined by the Polish Intellectual Property Office for compliance with public policy and moral standards.
International Standards
Polish procedures for recognizing international trademarks were harmonized with the Madrid Agreement and its Protocol, streamlining the process considerably.
Filing Opposition and Registration Renewal
Notable changes include expanding opposition filing rights to those holding protected geographical indications and eliminating cost allocation when proceedings terminate. The renewal procedure was simplified—trademark owners now pay renewal fees rather than filing new motions every ten years, with reminder notifications provided.
New Procedural Licensee Rights
Licensees gained expanded authority to initiate infringement cases with the trademark owner’s consent, unless license agreements specify otherwise.
Non-Use
The invalidation framework was restructured, requiring trademark owners to demonstrate five-year use preceding the invalidity application date, specifically for goods and services cited in the invalidation claim.
EU Trademarks
Revocation date provisions were modified. Revocation now typically occurs on the application submission date, though earlier dates may be established upon request. Additionally, retrospective invalidity or revocation may be declared for EU trademarks claiming seniority if the original mark was surrendered or lapsed.