Use of state symbolism in trademarks in the Republic of Poland

The article analyses the status of the legal framework and the use of state symbols in trademarks in the Republic of Poland. It examines the genesis of law enforcement of exceptional conditions for granting legal protection to signs containing state symbols of the Republic of Poland. Additionally, the article explores the correlation of these exceptions with Article 6 ter of the Paris Convention for the Protection of Industrial Property concerning the general prohibition of such use as an absolute ground for refusal to register a trademark. The article draws attention to the fact of expanded application of Article 6 ter of the Paris Convention in the legislation of the Republic of Poland. It is emphasised that the Polish legislator did not limit itself to the prohibition of registration of marks containing different state emblems of the Union, but uses the concept of a symbol of the Republic of Poland (coat of arms, flag, or anthem). Accordingly, the concept of symbol of the Poland is a broader concept than the coat of arms, flag and emblem, not only because it also covers the use of the national anthem. It's also because it is not limited to the statutory de scription under Polish law. The authors drew attention to the fact that the lack of registration of the national emblem and other official symbols of the Republic of Poland in the WIPO Article 6ter Express Database. The lack of a competent authority to grant permission to use the national symbols in a trademark are manifestations of legal uncertainty in the regulation of these legal relations, which contributes to unfair competition.Therefore, the authors suggest that Polish legislation needs further harmonisation with EU legislation. The author makes a recommendation to define at the legislative level a precise list of all authorised bodies which are obliged to consider requests of business entities for granting permits for use of state symbols in trademarks and the rules for their consideration. Taking into account the peculiarities of ex officio review of EU trademarks, it is recommended to include the full list of official symbols of the Republic of Poland in the relevant WIPO database.