Settlement proceedings for trademark registration in Poland

The Polish Patent Office shall immediately notify the trademark applicant of the opposition filed, and shall inform the applicant of the possibility of settling the case amicably within two months from the date of service of the information.

In case the date of service will be different for each party, the two-month period shall be calculated from the date of service of this information to the party that received it the latest.

At this point, the two-month period begins, during which the parties may contact each other to reach a settlement. This is the so-called settlement stage of the objection procedure, which is designed to resolve any disputes without the need to go through the full legal procedure. It gives the parties time to resolve the dispute amicably without further prolonging the proceedings.

The settlement stage in the objection procedure ends two months after the date of service of information on the possibility of settlement and precedes the litigation stage. The settlement period may be extended up to six months (by four months) from the start date of the settlement period. The extension can be made only once at the concerted request of the parties. Such a procedure will avoid continuous prolongation of the proceedings, while allowing sufficient time to reach an agreement or decide on the continuation of the proceedings before the Polish Patent Office.

However, the failure to conclude an agreement by the deadline does not preclude the the possibility of further negotiations between the parties in parallel to the proceedings before the Polish Patent Office.

The most common results of a settlement can be:

• withdrawal or limitation of the objection filing,
• withdrawal of the objection in its entirety,
• withdrawal or limitation of the application in part,
• withdrawal of the objection in part.

If the settlement stage in the objection proceedings has ended, and the parties have not reached an agreement, the proceedings proceed to the next stage stage.

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Trademark in Poland