TRADEMARKS
As Jarzynka & Partners Law and Patent Office we provide legal assistance in the area of trademarks and commercial marks.
- We do researches on registrability of the trademarks
- We prepare cost estimation of the trademark registration
- We prepare application documents
- We file trademark applications
- Polish Patent Office (domestic registration)
- European Union Intellectual Property Office (European Union registration)
- World Intellectual Property Organization (international registration)
- We take care of prompt renewal of protective rights, we do necessary changes in the registers
In the case of infringements of trademarks:
We prepare warning documents
We assist in litigable, civil and criminal proceedings.
The Office provides the services of registrability research in relation to indications in national, European and international databases according to the criteria specified in national, European and international normative acts being in force. Such research helps to estimate a potential risk of registration refusal and to select a form of a trademark to register in an appropriate way.
Having done the research upon a client’s request, next we file an application for trademarks in order to obtain their registration in a chosen legal system. We prepare application documentation and we provide advice as it comes to classification of goods and services. We also draw up the rules for the usage of common trademarks and common guarantee trademarks.
After the registration we are responsible for the supervision of maintaining protection of the granted exclusive rights in subsequent 10-year durations of protection. We remind our clients of the dates of making official fees or upon their order we make them ourselves.
In the cases of exclusive rights infringements, we initiate or take part in administrative proceedings concerning invalidation or expiration of protective rights for trademarks.
In the name of a client we prepare warning documents for potential trademarks violators. We carry out mediations in the case of conflicts of rights aiming at concluding an arrangement between the parties. Moreover, we perform tasks of an intermediary while concluding license agreements to use the trademark and assignment of exclusive rights for the trademarks between the parties, as well as before competent administrative authorities.
What is a trademark?
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 on which it is placed.