Upon the ineffective expiration of the time limit for settling the case amicably, the Polish Patent Office calls upon the applicant to file a response to the opposition within the prescribed time limit. The applicant, in response to the Polish Patent Office’s summons to respond to the opposition, shall present allegations and supporting evidence that, in its opinion, will convince the Office to reject the opposition.
In particular, it should be emphasized that it is only in the response to the opposition that the applicant may raise the allegation of non-use of the earlier mark and request evidence of its use. If the applicant does not dispute the fact of use of the earlier mark, he loses the opportunity to invoke this circumstance at a later stage.
Probably in some cases, an additional exchange of correspondence will be advisable. Then the Polish Patent Office may call upon a party to the proceedings to present its position on the materials presented by the other party or the Office within a specified period. Such a situation may occur, for example, when the case involves very complex issues.
Once the parties have presented their positions, a decision can be made on the merits of the case. The Polish Patent Office examines the opposition within its limits and is bound by the legal basis indicated by the opponent. After examining the opposition, the Office issues a decision dismissing the opposition or finding it justified in whole or in part. From this decision, the parties are entitled to request for reconsideration of the case.
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Trademark in Poland