How the Synlait case increases the evidentiary value of letters of consent in China
15-01-2021
The most frequent basis for refusal of protection for a trademark is the existence of valid earlier rights in the name of third parties in the same sector.
The most frequent basis for refusal of protection for a trademark is the existence of valid earlier rights (pending trademark applications or registered marks, or trademarks applied for with earlier priority) in the name of third parties in the same sector.
In order to improve the chances of successful registration, the applicant can obtain and file a ‘letter of consent’ with the Polish Patent Office, which is a written consent for registration of a later trademark from the owner of an earlier, similar mark.
However, Polish law does not provide for the possibility of issuing a letter of consent where an earlier trademark is still valid. According to the law, this possibility exists only in cases where protection for an earlier similar mark has already lapsed.
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Poland, trademark protection, letters of consent
