Decisions of the Patent Office in the Trademark Protection Granting Procedure Cover Image

Decyzje Urzędu Patentowego w postępowaniu o udzielenie prawa ochronnego na znak towarowy
Decisions of the Patent Office in the Trademark Protection Granting Procedure

Author(s): Anna Tomaka-Magdon
Subject(s): Constitutional Law, Public Administration, Public Law, EU-Legislation
Published by: Wydawnictwo Uniwersytetu Jagiellońskiego
Keywords: trademark; Patent Office; administrative decision; administrative proceedings; absolute and relative conditions;

Summary/Abstract: As of 15 April 2016, a major change took place in the Polish trademark registration system concerning the procedure for granting trademark protective right as a result of the amendment of the Industrial Property Rights Act of 30 June 2000. Prior to the amendment, the “examination” system was used, whereby all obstacles to registration, the so-called relative and absolute conditions, were examined . Under the now binding contrarian system, only absolute conditions are examined. The system limits the role of the Patent Office in the registration process while increasing alertness and necessitating more activity on the part of entities entitled under previously granted rights. The change of the procedure has been simplify in order to shorten the application examination duration as well as adjust domestic legislation to EU law. es.

  • Issue Year: 2017
  • Issue No: 3
  • Page Range: 82-94
  • Page Count: 13
  • Language: Polish