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Effect of Registration

Protection of a trademark is obtained by registration with the Patent Office of the Republic of Poland. The right in a trademark remains in effect for ten years from the date of correct submission of a trademark, and not from the date of registration. Priority in obtaining the rights from the registration of a trademark depends on the date of correct submission thereof to the Patent Office. The trademark is protected as of the date of submission. It is subject to so-called temporary protection, which is granted on condition that the trademark is registered thereafter.

The protective right to a trademark may be annulled, in whole or in part, at the request of anyone who has a legal interest in it being annulled, provided that s/he can prove non-fulfillment of statutory requirements for that right to be obtained. The Patent Office may, also at the request of a person having a legal interest in the matter, issue a decision on the expiration of a protective right if that right was not used, lost its distinctive features, or due to actions capable of misleading recipients as to the character, the properties or the geographic origin of a product.

Protection of a trademark may be extended for another ten years. In order to obtain such extension, the person entitled to a trademark must file an appropriate application prior to the lapse of the previous period of protection, but not earlier than one year prior to the lapse of such term. In addition to the application, the applicant must make the requisite payment for extension. Therefore, there is a possibility of uninterrupted extension of a protective right to a trademark.

In the event of an infringement of a protective right, the owner of a trademark or a licensee may file suit against the infringing person or firm with the regional court having jurisdiction over the seat or place of residence of the infringing party.