Abstract

The lapse of time in the context of effectiveness of claims for infringements resulting from the use of a distinctive mark is often associated with limitation of claims. Meanwhile, also regulations regarding the possibility of filing claims for infringement of the rights to registered trademarks, involving tolerance for the use of a conflicting mark, should be noted. Secondly, the fact the mark of the infringer has built its own market position as a result of the lapse of time may prevent classifying that act as unlawful. Lastly, the concept of the abuse of rights and the venire contra factum proprium nemini licet rule should be mentioned. The article discusses the consequences of the lapse of time in the context of said claims basing on the Polish Industrial Property Act, the Unfair Competition Act and Regulation 2017/1001 on the European Union trade mark.