Can a trade mark be annulled?
Yes. Since 2016, Poland and the rest of the EU have been using a system of opposition. This means that trademarks are registered according to their registrability. If the mark submitted for registration meets the absolute requirements for registering a trade mark, it will be registered, unless other parties object. This is the case because trade mark registration offices (the Polish Patent Office, EUIPO, and WIPO) do not search for already registered identical or similar trademarks. For example, the Polish Patent Office approves an application (if it meets the basic requirements), publishes it in a publicly available bulletin and waits three months in case any objections are filed. For this reason, we recommend using the permanent trade mark monitoring service offered by JWP.
