In Poland Community trademarks enjoy protection since 1st May 2004, following Poland’s accession to the EU.
Cases concerning infringement of CTM’s are handled by the Court of Community Trademarks and Designs in Warsaw. The cases are judges with accordance to the provisions of the Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trademark.
Rights conferred by Community trademark:
Community trade mark shall confer on the proprietor exclusive rights therein. The proprietor shall be entitled to prevent all third parties not having his consent from using in the course of trade:
a) any sign which is identical with the CTM in relation to goods or services which are identical with those for which the Community trademark is registered;
b) any sign where, because of its identity with, or similarity to, the Community trademark and the identity or similarity of the goods or services covered by the Community trademark and the sign, there exists a likelihood of confusion on the part of the public; the likelihood of confusion includes the likelihood of association between the sign and the trademark;
c) any sign which is identical with, or similar to, the Community trademark in relation to goods or services which are not similar to those for which the Community trademark is registered, where the latter has a reputation in the Community and where use of that sign without due cause takes unfair advantage of, or is detrimental to, the distinctive character or the repute of the Community trademark.
However, it is important to note that according to the principle of the exhaustion of Community trademark rights, the owner of rights loses to them right after the introduction of goods with its trademark on the market of any country in the EU (EEA). The product can be then traded freely in European countries.
European Trade Mark Attorney