An Overview of the Trademark Registration Process at the Patent Office
Before you submit an application, it is necessary to check that the requested trademark can be registered. This means, you need to see if someone else has already registered it. This process requires some time and research. So, it is extremely important to determine whether the proposal of the mark you want to use has not been using before and is available for registration. You need to see if someone else has already registered it.
In this case, it is necessary to check trademark database presented below
Searching is a very important element that will be helpful to identify marks that could cause confusion with your mark. Possession of the relevant information is a time-consuming process that will minimize subjectivity and help to make a professional judgement about your trademark not influenced by personal feelings or opinions in considering of the existing facts. It is particularly important to got recognition due that owner of the identical or similar trademark for identical or similar goods or services will be unable to opposite your application.
Avoiding trademark pitfalls will reduce the risk of trademark rights if even your trademark was registered. Correct assessment of the legal situation, will also help you avoid unnecessary fees if trademark won’t be registered and registration will be terminated regarding to prove of the similarity with trademark registered earlier and infringement of potential conflicting mark.
First step
The first step which you need to do, during registration of a trademark is submit application including at least: marked of applicator, trademark which is entity of application and goods or services which will use of the trademark (more widely: apply process)
Second step
Then, application would be checked under formal and legal aspects (for example have been payment of the fee). At that time, application will be checking in the outer trademarks base which carry on of the Patent Office, however not later than two months since application. They will be shown the following information: information about trademark, date of the priority, date and number of the application, names of goods or services, name of applicant, his living or legal address, as well code of the country.
Third step
The next stage of registration is to analyze whether there are absolute grounds for refusing to grant the right to trademark protection. In the event that the Office determines that such grounds exist – makes decision about refusal of registration regarding the all or part of application
Fourth step
In the event whether there were not Able to find absolutely fences in trademark registration, information about registration will be placed on the bulletin of the Patent Office of Republic of Poland. (Attention: trademarks in respect of absolute obstacle to protection were found are not published in the bulletin)
Besides, the Office will give the applicant notice about existing identities or similar trademarks, which were registered earlier and able to be obstacles of registration that may carry on refusal of registration of trademark.
Possibility to apply For an appeal
After 3 months since publication’s date about data of trademark in bulletin, third’s persons are able to express their own opposition regarding of the registration of a trademark. That objection would be legal ,must include at least: sides designation, content factual and legal basis with justification as well be signed paperwork.
Attention! The 3-month time limit for filing an objection is a non-refundable period.
In the objections case, Patent Office immediately informs of applicants as well sides (applicant and opponent) about possibility of peaceful solutions. Terms of peaceful solution is 2 months and counting since the date of getting information which I marked above, to side which got that information later. The terms are viable up to 6 months whether two sides will agree. On another hand, if two sides disagree, Office will begin proceeding with the objection and will give the decision to reject or recognize it as justified, in whole or in part. The parties have the right to apply for a review of the case.
Fifth step (last)
The last stage of the procedure is giving by Patent office decision about granting or refusing to grant the right to protect a trademark
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