Anti-crisis shield helps meet time limits for filing opposition

The Act Amending the Act on Special Measures for the Prevention, Control and Management of COVID-19, Other Infectious Diseases and the Resulting Crisis Situations, and Certain Other Acts, dated 31 March 2020, signed by the President of the Republic of Poland, provides for significant changes concerning the running of the time limit for filing an opposition against trademark registration.

In accordance with Article 31 j.(1) of the Act, in the period from 8 March 2020 to 30 June 2020, the time limit for filing an opposition against trademark registration will not be triggered. If the time limit is already in operation, it will be interrupted. The dates will run again from 1 July 2020.

This also applies to the running of time limits for:

1.Filing a translation of a European patent into Polish with the Polish Patent Office,

2.Filing a translation of a limited or amended European patent into Polish.

This provision is welcomed. The new changes are significant as the ineffective expiry of the time limit for opposing trademark registration prevents prior rights from being defended in this procedure.

This solution thus eliminates the risk of occurrence of the adverse effects of the expiry of such time limit. Currently, most companies focus on ensuring business continuity. If the running of the time limit does not begin or is interrupted, rights can be effectively defended at a later date. And importantly, the new regulations do not exclude the right to take action in this respect.

 

CONTACT US

Krzysztof Zięba
Attorney at Law, Partner
T: +48 660 765 928
E:  k.zieba@kochanski.pl

Tomasz Szambelan
Advocate, Associate
T: +48 608 593 042
E: t.szambelan@kochanski.pl


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