2. A contract for the transfer of the priority referred to in paragraph (1) shall be in
writing on pain of invalidity.
Article 128
For the purpose of claiming priority abroad the Patent Office shall, at the request of
the applicant filing a trade mark application, issue a document in evidence that the trade mark
application has been filed with the Patent Office (priority document). The provisions of
Article 19(2) shall apply accordingly.
Article 129
(deleted)
Article 129
1
1. Rights of protection shall not be granted for signs which:
(i) cannot constitute a trade mark;
(ii) are not capable of distinguishing, in trade, the goods for which they have been applied;
(iii) consist exclusively of elements which may serve in trade to designate, in particular, the
kind, origin, quality, quantity, value, intended purpose, manufacturing process, composition,
function or usefulness of the goods;
(iv) consist exclusively of elements which have become customary in the current language
and are used in fair and established business practices;
(v)constitute the form of the goods, dictated exclusively by their nature, is necessary in
order to achieve a technical result or significantly increases the value of the goods;
(vi) have been applied for protection in bad faith;
(vii) are contrary to public order or morality;
(viii) incorporate an element which being a symbol, especially of a religious, patriotic or
cultural nature, whose use would offend religious feelings, sense of patriotism or national
tradition;
(ix) incorporate the symbol of the Republic of Poland (emblem, national colours or
national anthem), the insignia of the armed forces, paramilitary organisations or police forces,
reproductions of Polish decorations, honorary distinctions or medals, military medals or
military insignia, or other official or generally used distinctions and medals, in particular
those of government administration, local self-administration or social organisations
performing activities in vital public interests, where these organisations’ activities extend to
the entire territory of the State or to a substantial part thereof, unless the applicant is able to
produce evidence of his right, in particular in a form of an authorisation issued by a competent
State agency or a self-administration or a permission given by organisation, to use the sign in
the course of trade;
(x) contain a symbol (armorial bearings, flag or emblem) of another country, name, its
abbreviation or symbol (armorial bearings, flag, emblem) of an international organization or a
adopted in another country official sign, hallmarks indicating control and warranty if such
prohibition follows from international agreements, unless the applicant is able to produce an
authorisation of a competent authority, which permits him to use such sign in the course of
trade;
(xi) contain officially recognised sign adopted to be used in the course of trade, especially
safety sign, quality label or hallmark of legalization to the extent in which they could mislead
the public as to the nature of such sign, unless the applicant is able to prove his right to use the
sign;