Trademark - check what are the effective methods of protection


In Poland, registration of individual trademarks is still not a popular phenomenon. Most entrepreneurs who are even aware of the importance of identifying a company on the basis of signs, do not decide to register their own trademark. Perhaps the registration procedure or simply the price scares you off. The approach of entrepreneurs is to be changed by new regulations which provide for the simplification of the procedure for verifying the registration and the reduction of its price. As a result, more entrepreneurs will register their trademark.

Trademark - first steps

The scope of the changes to the regulations is to cover source international regulations concerning applications and patent protection. Currently, the possibility of filing a trademark with international protection is possible only after prior registration of the mark in the territory of the country. Responsible for accepting trademark registrations is the Patent Office of the Republic of Poland.

Currently, the verification of the registered trademark in the national registration procedure is subject to examination of both absolute and relative premises of the trademark protection. The simplification of the procedures is to allow for the omission of the relative premises that relate to the verification of the mark in relation to the existence of previous similar or identical marks belonging to other entities.The examination of the relative premises turned out to be ineffective in practice, as evidenced by, for example, the number of disputes between competitors entitled to similar trademarks.

Registration Benefits

The reduction in the costs of registering a trademark concerns Community trademarks registered at the Office for Harmonization in the Internal Market (OHIM) in Alicante. Once patented, the registered trademark is protected throughout the territory of the European Union. However, it is not known whether the reduction in registration prices will also be reflected in the domestic procedures. At the Polish Patent Office, the first registration fee for the basic trademark is PLN 550. Entrepreneurs with an electronic signature can register on-line (the fee is lower and amounts to PLN 500).

In the current economic reality, a trademark is an essential element allowing for distinguishing from other products of the same type. It is often the basis for promotion or building the image of the company itself and brand reputation. A trademark can therefore be a bargaining chip in competition on the market. Therefore, an investment in patent protection should be considered, which would eliminate the possibility of its unlawful duplication.