Monika Wieczorkowska: articles by this author

Type of trademark and evaluation of its genuine use

The Court of Justice has finally resolved the case of an EU trademark displaying an X on the side of a sports shoe. The German company Deichmann SE sought revocation of the registration, claiming there was no genuine use of the mark.

Collective mark and guarantee mark

An amendment to the Industrial Property Law has led to changes regarding particular types of trademarks such as collective marks and guarantee marks. Collective marks were included in the previous version of the act, but the guarantee mark is something new, replacing the collective guarantee mark. This will have certain implications for businesses.

Can the popularity of a brand result in loss of trademark?

Trademark proprietors try to promote their brands so they become known and recognisable among customers, achieving greater distinctiveness and even repute. A famous brand is the dream of every trademark owner. But sometimes exceptional popularity proves damaging to the brand. Then the trademark can become eroded or genericised.

The Patent Office also recognizes the specifics of the cosmetics market

The cosmetics market is growing and with it the number of different trademarks reported for this type of products. Therefore, conflicts between trademark registrations are inevitable. Their assessment is essentially the result of an assessment of the similarity of the compared goods and the similarity of the compared trademarks.

The Domestos bottle: Registration of three-dimensional trademarks

Recent case law from Poland and the EU shows that it is tough to gain protection for a 3D trademark in the form of the shape of a product. Maintaining the protection of such a mark may also be a problem.

Radical changes in trademark law

The fairly long waiting time for registration of trademarks at the Polish Patent Office often means that instead of seeking protection in Poland, businesses decide to register with the European Union Intellectual Property Office (EUIPO, formerly OHIM). Although much more expensive, proceedings there are generally fast and simple. Major changes have now been made to Poland’s Industrial Property Law with the aim of making the Polish Patent Office more competitive with EUIPO.