The registration of various types of intellectual property rights containing keywords related to the coronavirus pandemic is not straightforward, as can be seen by browsing various databases and trademark registers. In a global database, one can find over one and a half thousand applications, but when it comes to the registration of such marks, these are isolated cases. Examples include the trademark “COVISEPT” registered in Germany for body care products, as well as the mark “COVIDOR” relating to vaccines, which, incidentally, have not yet n 100% developed. Interestingly, companies specializing in non-medical industries also want to capitalize on the popularity of coronavirus-related names. An example is a Chilean law firm that decided to apply for the registration of the mark “CovidLawyers,” which means nothing more than “Covid Lawyers.” Other marks include “RIP COVID 19” filed by an American software company (in this case, the software is intended for films and their online publication), as well as “Covid Couch Potato” relating to a training program developed by one of the Americans.
Regarding our domestic market, unfortunately, there is no official position from the Patent Office of the Republic of Poland yet, as proceedings concerning the registration of trademarks containing terms related to the coronavirus are currently underway. However, analyzing the practice of the Polish authority and the provisions of generally applicable law, it can be indicated that such trademarks will not be registered due to the lack of distinctiveness and, above all, due to the descriptive nature.
According to Art. 1291, paragraph 1 of the Act on Industrial Property Law, protection shall not be granted for a sign that, among other things, is not capable of distinguishing the goods for which it is applied for (point 2), and also consists exclusively of elements that have entered into common parlance or are customarily used in fair and established trade practices (point 4).
It is precisely on the basis of the aforementioned absolute grounds for refusal of trademark registration, as well as the characteristics mentioned above, that marks containing words such as “Covid,” “Covid-19,” or “coronavirus” will most likely not be registered in Poland. However, it is certainly worth analyzing the trademark databases in the near future to assess the successes of various companies in this area, as, looking at Germany, such successes may also occur.
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