Trademark Registration in Poland
Registering a Trademark in PolandUpdated on Thursday 28th September 2023
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|Types of trademarks|| |
Words (including personal names)
Multiple class application
Pre-application trademark availability verification
|Language of the trademark application|| |
|Minimum filing requirements|| Submit the filled-in request |
Provide a representation of the trademark and the goods and services it will be used for
Pay the filing fee
|Mandatory trademark representation|| |
|Trademark registration fee|| |
Approximately PLN 450 for s first class filing
|Time to complete the trademark registration (approx.)||6 months|
|Trademark application through local representative||Yes, with our help|
|Power of attorney requirements||Yes|
|Opposition period||3 months from the publication of the trademark|
|Trademark validity||10 years from the filing date|
|Trademark renewal conditions||Subject to filing a renewal request and the payment of the relevant fees|
|Conditions to revoke the trademark|| If not used within 5 years of its registration |
If it does not satisfy the condition for distinctiveness and other conditions
When the holder is a legal entity that was deleted from the relevant register
The trademark protection expires or when other cases concerning eligibility and collective trademark use apply
|Assistance for trademark application||Yes, upon request|
|Laws governing trademark protection in Poland|| |
- The Act of June 30, 2020 – Industrial Property Law,
- The Regulation of the Prime Minister of December 8, 2016,
- regulations of the Council of Ministers
Documents required for filing a trademark application
- application file,
- copies of the trademark model,
- documents for the use of collective marks,
- authorizations for the use of other trademarks, etc.
Guidelines for trademarks
- must be unique and distinct;
- not depict origin, quality, value, purpose, or manufacturing process;
- not include someone's likeness without consent;
- not be contrary to public order or morality;
- not include flags or symbols of international organizations.
|Grounds for trademark refusal|| |
- generic elements used in trade,
- words commonly used in everyday language,
- misleading trademarks,
- country, cultural, religious or patriotic symbols used.
|Trademark infringement|| |
Trademarks that are identical or similar, especially when used for similar goods or services, may be subject to copyright infringement;
Our Polish lawyers can assist in this case.
|Process of registering a trademark in Poland|| |
- research the already existing trademarks,
- select trademark type,
- specify the classes of goods or services,
- file trademark application,
- prepare necessary documents,
- wait for examination and publication
|Trademark registration fees|| |
450 PLN with an additional 120 PLN for each class of goods added
|Extension and security fees|| |
Our lawyers in Poland advise paying the extension and security fees to maintain the legal rights and exclusivity associated with your registered trademark.
|Publication of trademarks|| |
If accepted, the trademark will be published in the Official Gazette (Biuletyn Urzedu Patentowego).
|Trademark application through power of attorney (YES/NO)||YES|
|Documents language|| |
|Grace period after trademark expires|| |
You have a six-month grace period starting from the date when the trademark has expired.
|Nice Classification system used (YES/NO)|| |
|European and international registration|| |
Trademarks registered at OHIM in Alicante are protected throughout the EU;
International trademark registration can be done in Geneva, at the International Bureau of WIPO.
|Why register a trademark in Poland|| |
- exclusive rights,
- legal protection,
- brand recognition,
- asset value,
- possible license and franchise,
- international protection,
- competitive advantage, etc.
Elements that can be registered as trademarks in Poland
- the Act of June 30, 2020 – Industrial Property Law, with its subsequent amendments;
- the Regulation of the Prime Minister of 8 December 2016 on the filing and the examination of trademark applications;
- the Regulation of the Council of Ministers that serves as an amendment to the regulation on the fees related to the protection of trademarks, inventions, utility models, etc.
Necessary documents for registering a trademark in Poland
Any natural or legal person may apply for a trademark registration in Poland.
Distinctive trademarks in Poland
- it distinguishes from other trademarks and it also distinguishes the goods and services of the Polish company;
- does not depict the origin, quality, value, purpose or manufacturing process;
- does not infringe a third parties’ personal rights;
- it is not contrary to the public order or morality;
- it should not incorporate the Polish flag or other flags as well as international organization symbols.
- Solely generic elements used in trade: for example, companies that are involved in the production of a specific good, such as bottled water, cannot register a word mark consisting only of the word “water/premium water”;
- Words that have become part of daily/colloquial use: words that are often used in practice cannot be registered; one example would be “frappe”;
- Misleading trademarks: those that have a nature that may mislead consumers with respect to the nature or the origin of the goods;
- Symbol of the country: a trademark that contains the emblem, colors or anthem of the Republic of Poland cannot be registered; neither can one containing the sign of the armed forces;
- Other symbols: the trademark cannot contain elements with a pronounced religious, cultural, or patriotic nature.
Trademark protection in Poland
Fees for trademark registration in Poland
- 450 PLN: the fee for filing a trademark protection form for one class of goods;
- 120 PLN: the applicable fee for each additional class of goods for which trademark protection is required;
- 200 PLN: for the conversion of a Community trademark into a national application; each additional class of goods costs another 150 PLN;
- 80 PLN: the fee to reinstate the application deadline when failure to meet the prescribed time was due to extraordinary circumstances;
- 100 PLN: the fee for the request to reconsider the submission, in connection with the issued decision;
- 100 PLN: for the issuance of a duplicate protection certificate;
- 60 PLN: the fee applicable for extracts from the register (for the current legal status).