The process of registering a trade mark with our Firm starts with a thorough examination of the trademark’s registrability in relation to absolute grounds of refusal. At the request of our Clients we also conduct an analysis of the trademark’s possible collisions with third parties earlier IP rights on the territory of Poland, EU or other designated jurisdictions.

We prepare the full documentation necessary for filing applications for trademark registrations in chosen jurisdictions.

In cooperation with leading specialized law firm we register national trademarks in countries outside the EU, especially in China, India, United Arab Emirates, USA, Canada or South American jurisdictions.

We offer our Clients a full range of services with regard to monitoring and maintenance of registered and applied for trademarks. These services mainly include, maintaining the rights of registered national, EU or international trademarks, as well as administrating and monitoring Client’s trademark portfolios with focus on periodic searches for possible trademark collisions with new or existing trademarks.

Administering our Client’s trademark portfolios, monitoring their trademarks or representing our Clients in disputes frequently involves conducting negotiations and preparing relevant agreements, such as trademark delimitation agreements, trademark assignment agreements or coexistence agreements.

Our expertise in this field is abundant and is not limited to the above mentioned types of agreements. We also advise our Clients and prepare trademark license agreements or cooperation agreements.

We have gained extensive experience in handling disputes concerning the granting of protection rights for trademarks or dismissing such protection. Our team of litigators represents Clients in such proceedings before the Polish Patent Office, European Union Intellectual Property Office (EUIPO), the World Intellectual Property Organization (WIPO) and the competent courts for these proceedings, including the administrative courts and the Court of Justice of the European Union in Luxembourg.

Our Firm’s litigators represent Polish and foreign Clients in court proceedings concerning infringement of trademarks’ rights. This representation regards all stages of the proceedings before the common courts of law, including in particular the Court for Community Trademarks and Industrial Designs in Warsaw. Our team of lawyers has extensive and recognizable experience in this area, including cases with regard to non-traditional trademarks, such as three-dimensional marks, color trademarks or color combination trademarks, as well as cases involving the “trade dress” of products.

Skubisz Law Firm has extensive experience in matters related to parallel trade within the European Economic Area. The scope of our specialization covers issues relating to the admissibility of parallel trade in the context of the protection of trademarks’ rights, other intellectual property rights as well as unfair competition law provisions. In particular, the parallel trade of medicinal products, cosmetics and spare parts for cars.

With regard to this area our Firm provides legal services in both the preliminary assessment of the legal admissibility of parallel trade of specific products, including assistance in the formulation of agreements and regulations on the basis of which such business activity is to be carried out. We also represent our Clients in disputes at the pre-trial stage and during court proceedings. Our team of lawyers has represented successfully Clients in court proceedings concerning parallel trade cases at all stages of the proceedings.

The principal form of an act of unfair competition is the unauthorized use of the effects of someone else’s work and the use of the expenditure of forces and means made to achieve that work by another entity in their business activity. Such defined wrongful act is sanctioned in the Polish law on the basis of art. 3 (1) of the Act on combating unfair competition.

SKUBISZ Law Firm represents Clients in numerous court and out of court proceedings, where the act of unfair competition was defined as taking unfair advantage of the reputation of a third party’s trademark know as parasitism. In particular these cases involve the imitation of a product’s trade dress or its defective shape. The experience obtained by our team of litigators gives our Law Firm the necessary knowledge to provide professional assistance in this area. This assistance is given to our Clients both at the preliminary assessment of the planned activities taken by our Clients in order to minimize the legal risks associated with the allegations of parasitism, as well as representing Clients whose interests have been infringed or threatened by parasitic actions of market competitors.

An indication of products or services, which may mislead customers in relation to its significant features constitutes an act of unfair competition. This includes a confusing indication of a product with relation to its origin. Such defined actions are sanctioned in the Polish law on the basis of art. 10 of the Act on combating unfair competition.

SKUBISZ Law Firm’s attorneys have comprehensive and valuable experience in leading cases involving misleading indication of products or services. The legal assistance provided in this area involves the full range of services, starting from the evaluation of product packaging and ending with the representation of Clients in this area in necessary court proceedings.

One of SKUBISZ Law Firm’s specializations includes the area of unfair advertising as one of the acts of unfair competition, defined in art. 16 of the polish Act on combating unfair competition. The Firm’s attorneys and most of all Prof. Ryszard Skubisz, combine their practical experience with their profound theoretical expertise. This gained theoretical knowledge is manifested in numerous law publications on unfair advertising. This includes a chapter on the invoked law provision which is a part of the leading commentary on the polish unfair competition law edited by Prof. Szwaja.

SKUBISZ Law Firm provides full assistance in this area. Starting with the evaluation of proposed single ads or ad campaigns and ending with the representation of Clients in front of courts and administrative bodies dealing with combating unfair competition.

The disturbance of the functioning of entrepreneur’s business activity as a consequence of the acts of a market competitor constitutes one of the unnamed acts of unfair competition. It is sanction in the polish law system by article 3 (1) of the Act on unfair competition.

SKUBISZ Law Firm’s Attorneys have extensive practical knowledge in this field. In the past years they have represented Clients in precedent legal disputes, which were based on such acts of disturbing of the functioning of entrepreneur’s business activity as launching groundless legal proceedings against market competitors or disseminating correspondence to Clients with misleading information about market competitors.

SKUBISZ Law Firm provides full array of assistance in this area. Beginning with providing legal opinions, through conducting negotiations in order to achieve out of court agreements and ending in representing Clients in court proceedings.