The following can constitute a trademark: a word, a catchphrase, a sound, a tune, a drawing, a combination of words and graphical elements, colours, holograms, distinguishing elements of Internet addresses, spatial forms (3D) as well as any marking which can distinguish goods and services of one company from goods and services of the other company.
A trademark is a guarantee of a correct identification of a good or a service with a producer or a contractor. A proper security of legal interests in relation to a trademark provides an ability to use a monopoly on its usage in economic relations. It also has an advertising function and guarantees quality of the goods and services it marks.
The Office provides the services of registrability designations search in national, European and international databases according to the criteria specified in binding national, European and international regulations. Such research helps to estimate a potential risk of registration refusal and to select an appropriate form of applied trademark.
After the registration we ensure timely renewal of exclusive rights for trademarks. We file motions to record changes in national, European, and international registers.
In case of exclusive rights infringements, we initiate or conduct administrative proceedings concerning invalidation or expiration of protective rights for trademarks. We also conduct civil and criminal proceedings concerning trademarks’ infringements. On behalf of the clients we prepare cease and desist letters to potential trademarks’ violators. If conflict between trademarks occurs, we conduct negotiations between the parties. We prepare agreements concerning trademarks, including license agreements and agreements transferring the rights to trademarks. .
An industrial design is a form of a product or of its part, new and having and individual character given to it especially by the characteristics of lines, contours, shapes, colours, product texture or material and by its ornamentation. Each object made in industrial or technical way is a product. Rights from industrial designs registration are granted by the Polish Patent Office in national procedure, while in a European system these rights are granted by the European Union Intellectual Property Office (EUIPO) in Alicante (Spain).
Exclusive right to an industrial design is granted for 25 years. This period is divided into 5-year durations of protection.
The scope of registration right is specified by the illustration of the design.
The Office prepares application documents for industrial designs in accordance with formal requirements set forth in national or EU regulations.
After the registration we ensure the timely renewal of exclusive rights for trademarks.
We file motions to record changes in national, European and international registers.
On behalf of the clients we prepare cease and desist letters to potential trademarks’ violators and conduct negotiations between the parties, aiming at concluding settlement between the parties.
We prepare agreements concerning industrial designs, including license agreements and agreements transferring the rights to industrial designs.
Patents are granted – regardless of the field of technology – for any inventions which are new, which involve an inventive step and which are susceptible of industrial application. An invention is considered to be new if it does not form part of the state of the art. The state of the art is held to comprise everything made available to the public by means of a written or oral description, by use, displaying or disclosure in any other way, before the date according to which priority to obtain a patent is determined.
A utility model is any new and useful solution of a technical nature affecting shape, construction or durable assembly of an object. A utility model is considered to be a useful solution if by means of that solution a practical effect is attainable, expedient in the process of manufacturing or exploitation of the product.
Our Office offers professional advice connected with obtaining exclusive rights to inventions and utility models.
An act of unfair competition is in particular: a misleading designation of the company, a false or deceitful indication of the geographical origin of products or services, a misleading indication of products or services, an infringement of the business secrecy, inducing to dissolve or to not execute the agreement, imitating products, slandering or dishonest praise, impeding access to the market, bribery of a person holding public office and unfair or prohibited advertising and organizing a system of pyramid selling.
Our Office offers legal help in the area of protection against activities infringing the rules of fair competition and helps in providing legal remedies against unfair competition practices