Trade mark protection and claims in the event of infringement

The proprietor may indicate that their trademark has been registered by placing the letter ‘R’ inside a circle next to the trademark.

• The term of protection for a trade mark is 10 years from the date of filing the trade mark application with the Patent Office.
• The term of protection for a trademark is extended for a further 10 years, provided that the fee for the further period of protection is paid.
• The Patent Office may request the payer to provide explanations, within a specified time limit, regarding the amount of the fee and the entitlement to pay it. If the explanations provided do not remedy the identified deficiencies, the Patent Office shall refund the fee paid for the further period of protection.
• The extension of the trademark protection right is subject to entry in the trademark register.

Use of a trade mark consists, in particular, of:

1. affixing the mark to goods covered by the protection or their packaging, offering and placing those goods on the market, importing or exporting them, and storing them for the purpose of offering and placing them on the market, as well as offering or providing services under that mark;
2. affixing the mark to documents relating to the placing of goods on the market or to the provision of services;
3. using it for advertising purposes.

Infringement of trademark rights

A person whose trademark rights have been infringed, or a person authorised by law to do so, may demand that the infringer cease the infringement, surrender any unjust enrichment, and, in the case of a culpable infringement, also compensate for the damage caused:

1. in accordance with general principles, or
2. by payment of a sum of money corresponding to the licence fee or other appropriate remuneration which, at the time of the claim, would have been due for the grant by the proprietor of consent to use the trade mark.

The proprietor of a trade mark for which protection has been granted with earlier priority may prohibit another person from unlawfully using in the course of trade a mark identical to:

1. with a trade mark for which protection has been granted with earlier priority to that holder in respect of identical goods;
2. or similar to the trademark for which protection was granted with prior priority to that holder in respect of identical or similar goods, where there is a risk of misleading the public, which includes, in particular, the risk of associating the mark with a trade mark for which protection has been granted with earlier priority to that right holder;
3. or similar to a well-known trade mark.

Infringement of a trademark right also consists in the use of a trademark:

1. as a trade name or business name, or as part of such names, unless this has no effect on the ability to distinguish goods in trade;
2. in advertising constituting an act of unfair competition.

Source: Articles 153, 154 and 296 of the Act of 30 June 2000 on Industrial Property Rights.