The Title Covered by the Exclusive Right as the Subject of Legal Protection under Polish Industrial Property Law
The Title Covered by the Exclusive Right as the Subject of Legal Protection under Polish Industrial Property Law

Summary/Abstract: The industrial regulations are addressed especially to entrepreneurs, but non-economic entities can be also covered under the Act of Industrial Property Law. Accordingly, the sign has to fulfil the legal prerequisites – the capability of distinctiveness and the capability of distinguishing. The title fulfils the purpose of the trademark and has the capability of distinctiveness, if it is presented in the graphical way, is uniform and independent. The graphical representability, is expressed by words or graphical structure of the sign. The sign is uniform, when is not too complicated, but laconic and short (however it is not forbidden to register longer phrases like slogans). The independence of the title is presented in the author’s finished statement which introduces to the work. In the case of the distinguishing capability, the sign is researched in connection with the goods and services to which the sign is applied. In this respect it should not be indistinctive (it has to have the sufficient distinctive character), descriptive (it will happen if the titles indicating the matter of the work or the feature of the good and service) and customary.

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