We recommend an article authored by Monika Sewastianowicz and published in the “Prawo.pl” service owned by Wolters Kluwer Polska entitled “Pay attention to protect what’s yours – regaining trademark rights might be difficult and very costly”. The commentary on the case concerning the so-called “trademark trolling” and the trademark in the context of its registration, authored by Dr Michał Markiewicz, deserves particular attention – not only from numerous fans of young YouTube stars Ekipa and their colourful ice cream Koral. In our opinion, it is an interesting example of unfair usage of other’s popularity for own particular interest. Dr Michał Markiewicz points out more broadly that: ” The protection of a trademark is granted from the moment of its application, however, it arises only at the moment of registration of the right of protection for the trademark. Therefore, after registration it is possible to assert claims for infringements occurring from the moment of filing the application for registration. As far as the registration of other people’s signs is concerned, the situation is complicated, as it is possible to register an unregistered sign – however within the procedure before the Polish Patent Office each time it is examined whether the application was filed in bad faith (this circumstance can be brought to the attention of the Office). The registration of a trade mark may also be hindered by the infringement of personal or property rights of third parties, such as e.g. copyrights – which in the procedure before the PPO requires an opposition by the right holder. It happens, however, that such cases end with the repurchase of rights from the person who registered the trade mark or in court. It should also be borne in mind that using someone else’s unregistered sign may be considered unlawful under the Act on Combating Unfair Competition. On the other hand, in the case of conflicts between registered trade marks, it is relevant who filed the trade mark application first.” https://www.prawo.pl/biznes/ekipa-rejestracja-znaku-towarowego-a-trademark-trolling,510291.html
