https://doi.org/10.31261/PPPM.2018.23.03
The subject of this paper relates to trademark trolling — a phenomenon, which may have a negative impact on entrepreneurs and their businesses. A trademark troll shall be defined as a person, who applies for registration of trade marks without an actual intention to make a commercial use of them. A trademark troll’s objective is to cause other enterpreneurs to pay for a license enabling to use those trade marks by threatening them with a litigation. The aim of the paper is to consider whether the Polish and the European Union’s legislation guarantees the enterpreneurs a sufficient protection from trademark trolls. This protection can be provided during the trade mark’s registration procedure initiated by a trademark troll, mostly with the use of absolute ground for refusal to register a trade mark, which is making an application in bad faith. Apart from that, negative effects of trademark trolling can be decreased after the registration procedure — the registration of trademark can be declared invalid by the Patent Office, whereas the possible trademark troll’s legal action against the enterpreneur harmed by trolling could be dismissed by the court, as the action would be contrary to the principles of social co-existence.
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Vol. 23 (2018)
Published: 2018-12-31
10.31261/PPGOS
This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.
English
Język Polski