Chałas & Partners Law Firm offers comprehensive advisory services in relation to trademark protection, including:
- Analyses, research, opinions and recommendations in respect of possibilities of obtaining protection.
- Preparing full application documentation for the Patent Office in Poland, EU and other countries of the world.
- Corresponding with the Patent Office during examination of the application.
- Supervising deadlines and official fees.
A trademark is an intangible asset of a business, which can be effectively used for balance sheet purposes as well as tax purposes. A trademark may also be an object of trade, including in-kind contribution, licence and sale.
We support our Clients mainly on the territory of Poland and European Union, but also in a so-called international procedure before WIPO (World Intellectual Property Organisation), within the framework of which it is possible to obtain protection in more than 100 countries in the world including, among others, in the USA, China, India and Australia.
In case of infringement of a trademark we support our Clients during proceedings before the Patent Office as well as common courts and administrative courts. We support our Clients in proceedings, among others, in the following areas:
- Protection against acts of unfair competition.
- Infringement of protection rights to trademarks.
- Objections to conflicting trademark applications.
- Invalidation of protection rights.
- Applications for a declaration of expiration of protection rights.
We advise our Clients especially on:
- Preparing strategies of trademark protection.
- Valuation of trademarks.
- Possibilities of using trademarks in tax planning.
- Preparing licence arrangements, assignment agreements and other.
What is trademark?
A trademark may be particularly a word, an artwork, a logo, a spatial composition, but also a hologram, a sound or multimedia. As an intangible asset of a business, a trademark may be subject to valuation. It may also be a subject of trade – donation, sale, in-kind contribution or licence.
How long will trademark protection last?
Trademark protection lasts 10 years from the date of submitting an application to the Patent Office, but it may be renewed for subsequent 10-year periods. What is important, the protection is territorially and objectively limited. It means that at the stage of submitting an application for trademark protection one should decide on territorial scope, within which the trademark will be protected (e.g. Poland, European Union, other countries), as well as products and services which will be linked with the trademark.
What activities should be undertaken during trademark protection?
Trademark protection may be renewed for subsequent 10-year periods. However, the condition is submission of a relevant application and payment of an official fee in due time.
In connection with amendment to the provisions, from April 2016 it is necessary to constantly monitor new applications submitted to the Patent Office. In case of submission of a trademark which infringes our previous protected trademark (e.g. in connection with high similarity to it), the only method of blocking the possibility of granting protection is to make an official objection. The deadline for making an objection is 3 months from the date of publishing information on a new conflicting trademark.