Trademark Registration in Poland
Registering a Trademark in Poland
Updated on Thursday 28th September 2023 Rate this article
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Entrepreneurs, business owners or any other persons interested in obtaining a trademark registration in Poland must submit a special application.
A trademark can be protected in Poland either through the country's regulations, either thourgh international laws.
In Poland, trademark protection is granted by the Polish Patent Office. Due to Poland's membership in the European Union, Community trademarks registered at the Office for Harmonization in the Internal Market (OHIM) in Alicante are also valid in Poland and protected throughout the European Union. International registration can be made in Geneva, at the International Bureau of World Intellectual Property Organization (WIPO). Our lawyer in Poland can assist you in this matter.
| Quick Facts | |
|---|---|
| Types of trademarks | Words (including personal names) Letters, numerals |
| Multiple class application | Yes |
| Pre-application trademark availability verification | Yes |
| Language of the trademark application | Polish |
| 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 | Yes |
| 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 | Polish only |
| 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) | YES |
| 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
Signs registered as trademarks in Poland must have certain features that distinguish them from existing ones. Any graphic sign or a sign than can be represented graphically can be registered as a trademark. Some examples for trademarks are:
- words;
- designs;
- ornaments or combinations of colors;
- three-dimensional shape of goods or their packaging;
- melodies or other acoustic signals.
Trademark protection in Poland lasts for 10 years after the filing date and can be extended (upon request) for another 10 years. For more detailed information it would be advisable to search for the advice of an attorney in Poland.
Our team of lawyers in Poland highlights the main laws that govern trademark protection in the country below:
- 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.
Our team can provide detailed information about these laws that are essential to trademark registration in Poland. We can also assist you if you are interested in following the objection procedure. This is a step that can be commenced by the opposing parties within 3 months of the publication of the trademark registration application.
Necessary documents for registering a trademark in Poland
When the application is filed, a request must be made in which the applicants are identified and the trademark is defined. A priority document together with certain copies of the trademark must be submitted, according to its type (clear prints if the trademark is a drawing, sign, designs, etc. color claims, if applicable, or recording tapes for sound trademarks).
The priority document should be translated, if needed, in one of the following languages: Polish, English, German, French or Russian.
Other documents may include: statements (if applicable), power of attorney rules for using a collective mark, certain documents authorizing the use of other trademarks (safety signs, flags, etc.).
Any natural or legal person may apply for a trademark registration in Poland.
Distinctive trademarks in Poland
A certain level of uniqueness and distinctiveness is mandatory in order for the trademark to be accepted for registration in Poland and company owners must follow the applicable criteria for signs and symbols used as trademarks. It is also important to be aware of the grounds for refusal in case of trademark applications in Poland.
If you want to open a company in Poland and register a new trademark our Polish lawyers can help you register a distinctive trademark.
Distinctiveness is the most important characteristic of a new trademark that is to be registered in Poland. Any natural or legal persons in Poland can apply for trademark protection, provided that the chosen trademark meets the following criteria:
- 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.
A trademark that observes these requirements can be a word or a set of words a design or combination of colours, a melody or a 3D shape. Trademarks can be arbitrary, suggestive, descriptive or generic.
Trademark registration in Poland is not granted for those that are considered generic. The main grounds for refusal include:
- 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.
Our lawyers in Poland can provide you with more information on the grounds for refusal as well as what can be the basis for an objection to a trademark that has been proposed for registration.
Trademark protection in Poland
The purpose of the trademark is to distinguish the goods and services of its company from others on the market. Therefore, any identical or similar trademarks especially is they are used for similar goods, are liable for copyright infringement.
Trademark applications are submitted to the Patent Office, which examines the application and informs the Polish company of any existing grounds for refusal.
The Polish Industrial Property Law, as well as the EU Community Trademark Regulations, are used for the purpose of trademark protection in Poland.
Our lawyers in Poland can help you open a company and register a distinctive trademark.
Fees for trademark registration in Poland
The services offered by the Polish Patent Office for the protection of trademarks as well as inventions and others are subject to one-time fees and periodic fees, as applicable. The one-time fees for trademark protection are exemplified below:
- 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).
Our agents who specialize in trademark registration in Poland can give you more details about these fees.
In addition to the one-time payments, investors or entrepreneurs who are interested in protecting a trademark with the Polish Office need to take into consideration the fees for the extension of the protection as well as the security fees (this is 400 PLN for each class of goods). Our lawyers in Poland can give you more details about the payment deadlines and the procedure for extending the period of protection.
The extension payment needs to take place before the end of the ongoing period of protection, however, any advance payments cannot be submitted earlier than one year before the expiry date. When the payment is made after the expiry date, a 30% amount applies to the regular 400 PLN fee and this can be paid within 6 months of the expiry of the previous protection period.
The aforementioned fees for trademark registration in Poland were in force at the time this article was published. We advise all interested individuals to seek further information from our lawyers for updated tariffs, if applicable.
Companies in Poland should be interested in trademark protection and registration because this step ensures that they will be the only legal entities to own the individual registered trademark. This grants distinctiveness on the market and can very well help the company build its business image. Trademark protection is efficient and, in Poland, it is guaranteed by transparent rules and regulations – just like in many other countries around the world.
Our team can help you with additional information if you are interested in trademark registration in Poland.
Trademark registration can be a very important step for companies, both new ones, and those that wish to consolidate their presence on the market. Working with a team of Warsaw attorneys is advisable in all cases concerning intellectual property law, both for registration and for filing a copyright infringement lawsuit, if needed.
If you need legal consultancy regarding trademarks, patents, designs, domain names and other rights or are interested in certain aspects of property protection in Poland, please contact our lawyers in Poland.
We can also assist you if you are interested in individuals matters, for example, divorce in Poland.
