What is the use of a trademark in Poland?

The use of a trademark consists of using it for profit. Specifically, the use of the mark will be activities that include affixing the mark to protected goods or their packaging, importing or exporting them, storing them for the purpose of offering and placing them on the market, affixing the mark to documents related to the marketing of goods, using them for advertising purposes, etc. Each of the aforementioned

forms of use of a trademark relates to the use of the trademark in business dealings, and additionally requires repetitive actions within a certain scope and purpose and involves recognition of the trademark by consumers.

Polish court case law also indicates that a trademark should be easily perceived not only by consumers, but also by other businesses. A trademark is genuinely used if this use is consistent with the basic function of the mark, which is to guarantee to consumers the identity of the origin of the goods or services for which it is registered, in order to create or preserve a market for these goods or services.

“Actual use” of the mark, however, will not be the mere presence of the sign in the market. The use of the mark must make it possible to distinguish the goods and services it designates from those of other sources. Actual use of a mark occurs if it is done with the intent to cause customers and competitors to react by associating the mark with the goods or services. This is because a trademark is nothing more than “the reflected association of the sign and the goods or services in the mind of the recipient.” The obligation of “actual use” will be satisfied when the use of the mark is in a physical or conceptual relationship with the goods or services. In other words, the obligation to use the mark involves applying the mark to the goods or service and placing them on the market.

It should also be noted that the use of a trademark in Poland will be real, as long as it is not undertaken fictitiously and merely for the sake of appearances.


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Trademark in Poland

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Attorney-at-law Joanna Susło, Ph.D.
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