A trademark is a form of designation adopted by a given entrepreneur, which is a form of his identification and distinguishing his products against others on the market. Polish law regulates all the rules regarding trademarks in the act on industrial property law.
A trademark is a form of designation adopted by a given entrepreneur, which is a form of his identification and distinguishing his products against others on the market. Polish law regulates all the rules regarding trademarks in the act on industrial property law.
A trademark can be either a wordmark or a word, for example with the name of a given company. It can also be a graphic sign in the form of a graphic logo, or a graphic and spatial sign, such as the entire packaging designed to reflect the character of a given company or brand
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Each trademark must be registered
Each trademark must be registered. It is worth doing it properly and before undertaking this task, carefully read the provisions of the Industrial Property Law Act. It contains precise conditions that make it impossible to properly register a trademark, so as not to be refused.
The most important role and function that a trademark invented by a given company is to fulfil is to distinguish it from other companies on the market and is to directly relate to a given brand, product or service. It is building associations, thanks to which the consumer will be immediately aware of what type of product and brand he is reaching for.
How long can a trademark be protected?
The right to protect a trademark is valid for 10 years from the date of filing the trademark application with the Patent Office. In order to extend protection for another 10-year period, the required protection fee must be paid to the account of the Patent Office within the statutory period. Fees for trademark registration are determined by the Patent Office based on the number of product classes.
Use of the company’s logo on the website
The company’s logo is a trademark and must be treated in this way by other entities who want to use such a sign and place it on their website or blog. For this reason, consent to use the trademark, granted by the trademark holder, authorizes the use of the trademark. This consent is based on a license agreement.
Of course, there are some exceptions to every rule. These exceptions are described in Art. 156 § 1 of the Industrial Property Law. According to the rules presented there, the use of the logo for informational purposes can be considered as its legal use without the need to ask the owners of the trademark for permission. However, it is necessary to demonstrate the necessity of the fact that the logo will be used for informational purposes only.
