Acquired distinctiveness: is any category of marks exempt?

Sufficient distinctiveness is one of the basic requirements for a trademark to be applied for at the Polish Patent office. This means that a trademark must be capable of distinguishing the goods or services of one undertaking from those of other undertakings. If this requirement is not fulfilled, a trademark will not be considered eligible for protection. However, the Patent Office cannot refuse registration if the mark has acquired distinctiveness as a result of being used before the application date.