|Who can file opposition to the trademark application in Poland
|The holder of an earlier trademark or the holder of an earlier personal or property right. It concerns also foreigners whose priority right results from international conventions
|Grounds of opposition
(1) trademark violates personal or property rights;
(2) trademark is identical to the trademark with an earlier priority date for identical goods;
(3) trademark is identical or similar to the trademark with an earlier priority date for identical or similar goods, where there is a risk of misleading the public;
(4) trademark is identical or similar to a renowned trademark with an earlier priority date for any goods, where the use of the trademark without a justified reason could bring undue benefits to the applicant or be detrimental to the distinctive character or the renown of the earlier trademark;
(5) trademark is identical or similar to the trademark which, before the date of priority, was commonly known and used in Poland to designate identical or similar goods, where there is a risk of misleading the public
The Patent Office examines the opposition within its limits thereof and is bound by the legal basis indicated by the party who filed the opposition. Therefore, it is crucial to draft opposition in a professional way, in accordance with relevant provisions. For this reason, it is advisable to use services of a professional attorney.
|600 PLN - official fee from the opposition
|The opposition may be filled after notice of trade mark registration published by the Patent Office and before the registration itself - within three months from the publication date of the notice on the trademark application.