The article concerns analysis of normative consequences of the amendment of a provision of the Article 305 of the Act on the Industrial Property Law. It describes the scope of criminal and legal protection of trademarks in the European Union and trademarks registered in an international mode under the Polish law. The Author discusses criminal liability for using a fake trademark or an original trademark unlawfully used, points out doubts concerning interpretation, resulting from the amendment of the contents of Article 305 of the Act on the Industrial Property Law.