Third party objections to a trademark applied for in Poland

Third parties may comment on the existence of absolute grounds for refusal of protection until a final decision is issued by the Polish patent office.

The person filing comments does not join the proceedings as a party, and thus the Polish patent office does not notify him of the actions taken. Submission of comments by a third party is not a formal action, so the comments are not binding, and may only indicate possible grounds for refusal of protection, which the Office should take into account.

The Office shall inform the applicant of the submitted comments and provide a copy of them. In such a case, the Office will set a time limit for the applicant to take a position on the submitted comments, after which it will continue the proceedings.

The Polish Patent Office may reassess the existence of absolute grounds for refusal of protection at any time before issuing a final decision, even after the application has been announced in the online Polish Public Information Bulletin. This may happen if third parties submit comments after the publication of the trademark in Poland, or the Polish patent office itself learns of the existence of serious obstacles to the granting of the right of protection.

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Trademark in Poland