The protection of an entrepreneur's market identification is one of the foundations of stable business development, and the appearance on the market of an entity infringing trademark rights is an event that requires a legal response, as the unlawful use of someone else's mark affects not only the direct revenues of the right holder, but above all the reputation and consumer trust built over the years.
In the Polish legal system, the key act regulating this issue is the Act of 30 June 2000 - Industrial Property Law, which in Article 296 paragraph 1 grants the rightholder whose trademark protection has been infringed a wide range of claims, while it should be remembered that such infringement consists in the unlawful use in business of a mark identical or similar to a registered trademark in relation to identical or similar goods and services, if there is a risk of misleading the public.
The first and essential step in the event of a violation is to conduct a thorough analysis of the status of one's trademark, which includes verifying the validity of protection in the registers of the Polish Patent Office (UPRP) or the European Union Intellectual Property Office (EUIPO). An equally important element is securing evidence that will strengthen the rightholder's argument in a potential lawsuit. This involves not only taking screenshots of the infringer's websites or social media profiles but often also requiring the involvement of a notary to prepare a protocol of the website's opening or a controlled purchase, which allows for the demonstration that the disputed mark is actually being used for commercial purposes.
With this foundation in place, we should move on to the pre-litigation stage, which involves issuing a formal notice to the infringer to cease and desist. This notice should precisely specify the trademark number, the nature of the infringement, and a deadline for ceasing the unlawful activity, under penalty of legal action. We can also demand redress for the damage caused under general terms or by payment of a sum equivalent to the license fee that would be payable at the time of the claim for the trademark's consent to use.
However, it should be borne in mind that effective trademark protection requires systematic action, so entrepreneurs should consider constant monitoring of the registers for new applications that could conflict with their rights, as filing an early opposition to an application for a similar trademark is much less expensive and time-consuming than a later infringement proceeding.
In summary, effectively combating trademark infringement requires not only efficient enforcement of claims and reliable evidence securing, but above all, a decisive response at the pre-litigation stage to protect the company's reputation. However, the key to lasting brand security remains constant vigilance and registry monitoring, which allows for early detection of potential conflicts and avoidance of costly lawsuits.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of May 7, 2026.
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