Trademark Infringement – everything you need to know

Trademark Infringement – everything you need to know

A trademark is more than just a logo or a name – it is the foundation of a company’s identity. It allows consumers to distinguish an original product from counterfeits, and businesses build their reputation around it. Unfortunately, trademark infringements are becoming increasingly common, both in traditional commerce and online.

Trademark infringement is a serious threat to any brand. In this article, we explain how to recognize infringement, its consequences, and how to effectively protect your trademark rights. We also present real examples and key legal mechanisms such as the trademark protection certificate.

What is a trademark?

A trademark is any sign that allows distinguishing goods or services of one company from those of others. It can be a name, logo, slogan, or even a color or sound.

A trademark can include practically anything that enables brand identification – from a standard logo to unusual colors or spatial arrangements of products. The requirement, however, is that the sign must be unique and not misleading to consumers.

To legally protect a trademark, it must be registered, for example at the Polish Patent Office (UPRP) or the EU Intellectual Property Office (EUIPO).

What is trademark infringement?

Trademark infringement occurs when a registered sign (name, logo, slogan) or a sign so similar that it can mislead consumers about the origin of goods or services is used without authorization. This may be direct copying or creating similar marks that cause market confusion, resulting in customers confusing products or services of different companies.

How to recognize trademark infringement?

Infringement occurs when all three conditions are met simultaneously:

• An identical or similar sign is used to a registered trademark,
• The sign is used for the same or similar goods/services,
• The action takes place in commercial activity (not private use).

Examples of infringement include:

• Placing someone else’s trademark on your own products,
• Using similar names, packaging, or logos,
• Exploiting the reputation of a well-known brand to promote your own goods,
• Using a trademark online (in domain names, sales platforms, social media).

Real-life examples of trademark infringement disputes

• Athleta vs. Athletica.net

  The American sportswear brand Athleta (a Gap subsidiary) coexisted for years with a company operating the domain Athletica.net. Initially, there was no conflict, but eventually, products and marketing began to resemble each other, causing customer confusion with promotional codes and offers. The court ruled this was trademark infringement in favor of Athleta. The case ended with a settlement. This shows that even long-standing entities may suddenly pose a threat.

• GUCCI vs. GUCIO

  The Italian fashion house GUCCI opposed the registration of the trademark GUCIO (a Polish children’s shoe manufacturer). GUCCI argued that GUCIO could benefit from their reputation. The Warsaw Administrative Court eventually ruled that the marks were not similar and that the products targeted different customer groups, so no infringement occurred.

• Lacoste vs. KAJMAN

  French brand Lacoste opposed the registration of the trademark KAJMAN by a Polish company for leather goods and clothing. The court found the marks and conceptually similar and potentially misleading for customers. The registration of KAJMAN was refused for some goods, a decision upheld by court [Judgment of 30.09.2015 (T-364/13)].

• Rolex SA vs. PPHU Rolex

  Swiss company Rolex SA requested invalidation of a Polish trademark registered by a Polish company for shutters, blinds, and doors. The court eventually allowed the Polish company to keep its mark because the goods and customers were distinctly different from Rolex watches.

• Wunder-Baum Tree

  In a case involving air fresheners, the plaintiff claimed infringement of a trademark depicting the iconic tree . The defendants used a similar shape and sign that could cause consumer confusion and attract them to infringing products. The court confirmed infringement and unjust enrichment [Judgment of the Katowice Court of Appeal of 6 May 2015, ref. V ACa 763/14]. The trademark owner also sued Balenciaga in the USA over similar products , with a settlement reached in 2019.

• Unauthorized use after contract termination

  In one case, after terminating a promotion contract, the defendant continued using the plaintiff’s word-and-graphic trademark and nickname to mark their products without consent. The court found trademark infringement and awarded damages for lost earnings [Judgment of the Kraków Court of Appeal of 27 November 2017, ref. I ACa 273/17].

Consequences of trademark infringement

Trademark infringement carries severe legal and financial consequences, both civil and criminal.

Possible consequences include:

• Removal of offers and account blocking – platforms such as Allegro, Facebook, or YouTube may block the infringer’s account or remove offers based on their internal regulations after infringement is reported;
• Prohibition of further use – the court may order the immediate cessation of trademark infringement;
• Compensation – the trademark owner may claim damages or disgorgement of unjust profits in court;
• Publication of court ruling – the court can require the infringer to publicize parts of the judgment about their illegal acts;
• Criminal liability – serious infringements may result in fines, restriction of liberty, or imprisonment of up to 2 years.

What to do if your trademark is infringed?

• Secure evidence – document all infringement cases (screenshots, product samples, correspondence);
• Send a cease-and-desist letter – the first step is usually a written demand to stop infringing use. For maximum effectiveness, it’s advisable to have a patent attorney draft the letter;
• Report infringement to online platforms – many services allow fast reporting of infringement and removal or blocking of accounts (Allegro, Facebook, YouTube);
• Initiate legal proceedings – if the infringer does not comply, the trademark owner can file a lawsuit seeking injunction, compensation, and publication of a judgment fragment.

How to prevent infringement?

• Trademark registration – only a registered trademark provides the strongest legal protection. Evidence of registration is the trademark certificate of registration.
• Trademark monitoring – monitoring allows detection of similar applications and filing oppositions before protective rights are granted to competing marks. Regular market and registry monitoring helps detect potential infringements early and act before significant losses occur.
• Consultation with a trademark attorney – professional support ensures effective enforcement of rights and avoids costly mistakes.

Statute of limitations for trademark infringement claims

Claims arising from infringement of trademark protection rights are subject to limitation periods as set in the Polish Industrial Property Law.

Basic limitation periods:

• 3 years – from the day the rights holder becomes aware of the infringement and the infringer (subjective limitation period);
• 5 years – from the day the infringement occurred, regardless of the rights holder’s knowledge (objective limitation period).

This means that even if the rights holder was unaware of the infringement, after 5 years from the infringement date, the claim expires.

Continuous and repeated infringements

In cases of repeated or continuous infringement (e.g., prolonged marketing of goods bearing counterfeit marks), each day of infringement is treated separately. The five-year limitation period runs from each day the infringement occurred. This benefits the rights holder, allowing claims for infringements over an extended time, but only for the non-time-barred period.

Effects of limitation

After expiry of the limitation period, the infringer can raise the limitation defense leading to dismissal of the claim. Limitation applies to claims for cessation, damages, or disgorgement of profits.

The role of the trademark attorney in trademark infringement disputes

Professional legal advice helps avoid costly mistakes and effectively defend trademarks against infringement.

Trademark infringement is a real risk for any company building its brand. Effective protection requires trademark registration, market monitoring, and prompt action against unauthorized use. In case of infringement, it is advisable to use the services of a patent law firm. A trademark attorney will take care of your interests and guide you through the entire claims enforcement procedure.

Prevent infringement of your trademark with the support of a patent attorney! Our IP law firm handles disputes concerning registered trademark rights infringement. Ask us about our services.