Trademark byelaws necessary also for spouses

Our Clients – the married couple conducting business together as civil law partnership – wondered, how they may register a trademark which will be used by them both within the scope of activity of their civil law partnership.

Polish industrial property law allows to register one trademark for more than one entrepreneur. Then the joint trademark protection right is granted. In such situation entrepreneurs have to create a trademark’s byelaws establishing rules of use of the trademark and submit it together with application for trademark’s registration.

Polish law does not establish any exceptions to this rule for civil law partnerships or spouses registering joint trademark. There is no doubt that in such cases byelaws would be only a formality as long as the civil law partnership is not terminated or the couple does not divorce.

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