Central and Eastern European Seminar on IP and Competition Law

Transcription

1 WydziałPrawa i Administracji Uniwersytetu im. Adama Mickiewicza w Poznaniu Central and Eastern European Seminar on IP and Competition Law

2 Prof. Dr hab. Marian Kępiński Trademark use requirement under Polish industrial property law I. Polish industrial property law II. Trademark use prior to application to register a trademark. III. Obligation to use trademark IV. Meaning of genuine use V. Practical examples of application of IPL 1. Extend of use 2. Use of one of many trademarks 3. Unresolved issues VI. Use of unregistered trademarks

3 Article The right of protection for a trademark may not be invalidated on a sole ground that the trademark is similar to an earlier trademark, where the latter has not been used within the meaning of Article 169(l)(i), (4) and (5). 2. In the case referred to in paragraph (1), an exception of non-use of the trademark may only be raised when accompanied by a request for declaring the right of protection lapsed. The exception shall be liable to examination jointly with the request for invalidation.

4 Article Subject to paragraph (2), the Patent Office shall dismiss a request for declaring the right of protection lapsed in the case referred to in Article 169(l)(i), if before the submission of the request genuine use of the mark has started or has been resumed. 2. Start or resumption of the use of the trademark after the expiration of an uninterrupted period of five successive years of non-use and within a period of three months preceding the submission of the request for declaring the right of protection lapsed, shall be disregarded, if preparations for the start or resumption of the use have been undertaken immediately after the right holder became aware of possible submission of such request. Paragraphs (1) and (2) shall apply accordingly in the cases referred to in Article 169(7). 3. Loss of a right to use a sign or a symbol, referred to in Article 131(2) incorporated in a trademark shall not constitute a ground for non-making a decision declaring the right of protection for that trademark lapsed, if that sign or symbol ceased to be used in the trademark before a request for declaring the right of protection lapsed has been submitted.

5 Article 301 Unless the trademark is the subject of a right of protection, any party using a well-known trademark on the territory of the Republic of Poland may demand the cessation of the use by another party of the identical or similar trademark in respect of identical or similar goods, if such use is likely to mislead the public. The provision of Article 296(2)(iii) shall apply accordingly to wellknown trademarks having a reputation.

6 LADY LADY M

7 NAOMI NOHEMI NAOMI CAMPBELL

8 TWOJE DZIECKO DZIECKO

9 TONI-DRESS

10 BROADWAY TIFFANY & BROADWAY

11 HERITAGE HERITAGE FILM LTD.

12 Prof. Dr hab. Marian Kępiński Trademark use requirement under Polish industrial property law I. Polish industrial property law II. Trademark use prior to application to register a trademark. III. Obligation to use trademark IV. Meaning of genuine use V. Practical examples of application of IPL 1. Extend of use 2. Use of one of many trademarks 3. Unresolved issues VI. Use of unregistered trademarks