Invalidity of a Trademark as a Reason for Suspension of Civil Law Proceedings

The purpose of the article is to discuss the problem of the trademark protection in Polish law. This protection takes place in civil law proceedings. It may be impeded if the defendant begins to challenge the validity of the trademark. The court cannot decide on the validity of the trademark; the decision on the invalidation of the trademark may be taken only by the Patent Office. For this reason, the court should suspend the civil law proceedings which can last for long time. Therefore, in Polish law, following the example of EU law, consideration should be given to the possibility of determining the validity of a trademark also by a court, if such a need occurs during the civil law proceedings.

https://doi.org/10.32082/fp.v1i51.161

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