Trademark Registration / Poland
Trademark Registration in Poland – Key Facts
|Registration time – if contested
|Moment of protection
|Duration of protection
|Type / form of trademarks
|Trademark definition in Poland
|A trademark is any sign if it is suitable for distinguishing the products of one enterprise from the products of competitors in the course of business.
|Language of the application and documents
Trademark registration process
Stage 1 – Trademark compliance check
Trademark verification (due diligence) is aimed to identify whether the chosen name or logotype is not conflicting with registered trademark. Verification includes: e-Search (PUEUP), TMview, Madrid Monitor, eSearch plus and the Global Brand Database.
Stage 2 – Trademark registration application
Trademark application shall be submitted to the Patent Office of Republic of Poland. The trademark application includes description of the trademark and related goods and services.
Stage 3 – Preliminary examination
Patent Office verifies the application from formal and legal perspective. This includes verification whether official fees are duly paid. Afterwards the trademark application is disclosed in public trademark register e-Search (PUEUP). Other market players can submit comments and arguments due to which the Trademark Office shall reject the application.
Stage 4 – Substantive trademark research
Patent Office runs also the substantive examination of the requested trademark. It checks whether the requested mark is recognized as a trademark within meaning of Polish Law. This means that the Office verifies whether the mark does not belong to the category of marks excluded from registration in Poland.
Stage 5 – Publication of the trademark application
If the above stages are completed successfully – the Patent Office publishes the trademark application in the Bulletin of the Patent Office of the Republic of Poland (BUP). The 3-month objection period starts to run.
Stage 6 – Three months objection period
During the opposition proceedings, every person may raise an objection to the trademark application on the basis of e.g. previously granted rights and procedures. If the objections are pressed – a 2-month period starts to run for the amicable settlement of the dispute between the parties. If no agreement can be reached, the Patent Office may proceed to settle the dispute.
Stage 7 – Trademark registration in Poland
If the Patent Office rejects the objections of third parties or no objections are filed within the opposition period, the trademark is officially registered. If the objection is accepted, the application is rejected, according to the scope of the objection, i.e. in whole or in part.
Trademark / Poland must be renewed every 10 years. The renewal for next period of 10 years may be secured within last 12 months of the protection period. Exceptionally – it is also possible to secure extension within 6 months after lapse of protection if the increase renewal fee is paid. Renewal fees are comparable to registration fees. Renewal fees shall be paid within specific above mentioned periods.
Once your trademark in Poland is registered you shall maintain proper due diligence and monitor applications from competing companies to verify potential conflicts. It is highly recommended to entrust the trademark monitoring to the trademark protection attorneys.
Trademark Registration Fees
Polish Intellectual Property Law provides following official applications fees :
- Fee for one class application: PLN 400
- Fee for each additional class: PLN 120
If your trademark is successfully registered there will be two additional fees:
- Fee for trademark protection for 10 years (for each class): PLN 400
- Publication fee: PLN 90
Documents required for trademark application
Polish Intellectual Property Law provides list the following documents as required for registration of trademark in Poland:
- Power of Attorney (for the Law Firm or Attorney)
- Certified copy of the extract from the commercial register or any other official documents proving that the person who signed the power of attorney is authorised to do so.
- Moreover, all documents prepared in foreign languages must be translated into Polish language.
- Additional documents:
- Certified copy of the trademark priority document
- Trademark priority statement
- Trademark T&C / regulations
- Document confirming that certain marks may be a part of trademark (e.g. flags, emblems)
Benefits of trademark registration in Poland
As per Polish Industrial property law – key advantage of trademark registration in Poland includes obtaining a certificate that confirms ownership and ability to legal use of the mark in everyday business.
As a result logo or company name registered as a trademark is vital proof of ownership in the event of disputes arising from copying of a trademark or its illegal use.
As in every European Union country, also in Poland, Trademark registration guarantees that no other company with a similar mark will operate on the market. Trademark protection certificate issued by the Patent Office of Republic of Poland provides your company with the exclusive rights to operate and sell goods and services within Poland. Trademark protection provides you also with the right to seek compensation and legal actions (incl. freezing orders) against anyone who has infringed or intends to infringe your exclusive rights.
Risk of not Registering Trademark / Poland
Resignation of trademark registration in Poland involves risks that can jeopardies your company in the future:
- Inability to trade goods and services bearing the trademark
- Inability to license goods and services bearing the trademark
- Risk of your trademark registration in Poland by competitors
- Inability to use trademark protection and claims
- Inability to use the ® mark,
- Lower brand reputation
When trademark registration is not possible?
Polish Industrial Protection Law provides so-called absolute grounds for refusal to grant trademark protection. Should any of those circumstances be met – it will be impossible for the Patent Office of Poland to register your trademark.
Amongst the key trademark rejection grounds you may find the following – the mark:
- cannot be a trademark
- is not suitable for distinguishing the goods for which it has been declared
- consists only of elements that may be used in trade to indicate, in particular, the type of goods, their origin, quality, quantity, value, purpose, method of manufacture, composition, function or usefulness
- consists only of elements that have entered common language or are customarily used in fair and established commercial practices
- consists only of the shape or other property of the goods, resulting from the nature of the goods themselves, necessary to obtain a technical effect or significantly increasing the value of the goods
- was reported in bad faith is contrary to public policy or morality
- contains an element that is a symbol, in particular of a religious, patriotic or cultural nature, the use of which would offend religious, patriotic feelings or national tradition
- contains a symbol of the Republic of Poland (emblem, colors or anthem), a sign of the armed forces, a paramilitary organization or law enforcement forces, a reproduction of a Polish order, decoration or badge of honor, military badge or badge or other official or commonly used decoration and badge, in particular of government administration or local government, or a social organization operating in the important public interest, when the area of operation of this organization covers the entire country or a significant part of it, if the applicant does not demonstrate the right, in particular the permission of the competent state authority or local government authority, or the consent of the organization, to use the designation in circulation
- contains a symbol (coat of arms, flag, emblem) of a foreign country, a name, an abbreviation, or a symbol (coat of arms, flag, emblem) of an international organization or an official designation adopted in a foreign country, a control or guarantee stamp, if such a prohibition results from international agreements, unless that the applicant proves the permission of the competent authority, which entitles him to use such a designation in trade
- contains an officially recognized marking accepted for use in trade, in particular a safety mark, quality mark or legalization feature, to the extent that it could mislead the recipients as to the nature of such a mark, unless the applicant proves that he is authorized to use it
- by its nature, it may mislead the recipients, in particular as to the nature, quality or geographical origin of the goods (e.g. in relation to alcoholic products, a trademark containing a geographical element inconsistent with the origin of the product is considered to be misleading to the recipients)
- constitutes or reproduces in its essential elements a plant variety name registered with prior priority in the Republic of Poland or on the basis of the provisions of European Union law or an international agreement binding the Republic of Poland, providing for the protected of plant variety rights, and refers to plant varieties of the same species or species strictly related
- contains a geographical element which is true in the literal sense as to the territory, region or place from which the goods originate, which could mislead the public that the goods come from another area famous for the products in question. In the case of identical geographical indications for wine and beer, protection may be granted, provided that the Patent Office will request the person who filed the application later to make appropriate changes to the mark to distinguish it from the earlier mark
- is excluded from registration on the basis of the provisions of national law, European Union law or an international agreement providing for the protection of a geographical indication, designation of origin, traditional term for wine or traditional specialty guaranteed, to the extent provided for therein.
Trademark in Poland – FAQ
What are the trademark registration stages in Poland?
Trademark in Poland is registered in the following stages:
- Preliminary trademark examination,
- Substantive trademark examination,
- Trademark publication,
- Trademark oppositions,
- Trademark registration.
How long does the trademark registration in Poland take?
It takes approx. 6 – 9 months (six months – nine months) to register a trademark in Poland should there be no oppositions.
How long is the trademark opposition period in the trademark registration process in Poland?
The opposition period is 3 months (three months) and within this period third parties may submit restorations towards your trademark application.
What is the trademark opposition proceedings?
If a third party objects to the registration of a trademark, dispute proceedings will commence. During this time, an expert from the Patent Office examines the arguments of the opposing party and the counterarguments of the applicant for the trademark. After the procedure is completed, the office issues a decision on granting or refusing to register the mark.
What is the trademark validity period in Poland?
Basic trademark validity period in Poland is 10 years.