TRADEMARK REGISTRATION IN POLAND

Trademark Registration Application in Poland

The competent office for registration of a trademark in Poland is the Patent Office of the Republic of Poland.

The Patent Office of the Republic of Poland accepts and considers applications for a trademark registration, makes decisions on granting rights to protect a trademark, resolves disputes over objections and disputes over trademarks, maintains trademark registers.

You can register different types of trademarks in Poland. Words, images, figures and even sounds may be considered as trademark there. Unlike in some other countries, the three-dimensional shape of goods, their design or appearance may be also registered as trademark in Poland. A trademark may not necessarily contain only one of the above mentioned elements, it can be a combination of signs. For example, a logo and a title may be registered as one sign.

Both individuals and legal entities – citizens of Poland as well as non-residents – have the right to apply for trademark registration. A trademark may be a collective property in Poland provided there is an agreement that would regulate the relations of the parties and the use of the sigh by the parties.

Why do you need a Trademark Registration in Poland

The Republic of Poland is a member of the European Union. Poland is the sixth largest economy in the European Union today. Since 1990, the country has pursued a policy of economic liberalization; its economy was the only one in the European Union that avoided a recession during the 2007-2008 financial crisis. The Polish economy has grown steadily over the past 28 years, a record in the EU. The country has managed to double its GDP since 1990.

Trademark registration procedure in Poland

Trademark registration procedure is transparent in Poland. It means that all applications for registration are public and anyone can obtain information about the filed mark, and in case of any objections may address to the Patent Office.

A standard procedure for obtaining the right for a trademark in Poland takes from 15 to 18 months from the date of filing of a trademark application. If all documents are executed correctly and there are no objections against trademark registration, the Patent Office grants a Trademark Certificate for goods and services. All trademarks are registered for 10 years. Then you can start the renewal of trademarks in Poland, which shall be subject to payment of fees.

The application must have the following documents for the registration of a trademark in Poland:

• 1 copy of a photograph or a copy in the case of a trademark depicted or expressed, even in part, in the form of a drawing or drawings, or a composition;
• 2 copies of IT information recorded in the format of an audio or multimedia trademark (or other brands that may be presented on a carrier);
• confirmation of payment of the registration fee;
• proof of priority or statement by the applicant of the grounds for exercising any previous priority (no confirmation of priority is issued to the applicant) if the applicant claims preliminary priority;
• a document confirming the right to use certain designations in a trademark, in the cases provided for in Art. 129 1 sec. 1 pp. 9-11 of the Intellectual Property Law, for example:
  • symbols of the Republic of Poland (coat of arms, colors or anthem),
  • signs of the armed forces,
  • abbreviated names or symbols (coats of arms, flags, coats of arms) of foreign countries, international organizations;
• rules for the use of the mark, if the applicant applies for the protection right for a collective trademark, or for the right of joint protection;
• power of attorney, if the applicant acts through an attorney, together with proof of payment of stamp-duty by power of attorney

There`s a new system (since April 15, 2016) of examining trademark applications, that significantly facilitates, speeds up and simplifies the processing of applications for the granting of a protection right for a trademark.

Before filing your application, you should make a trademark search in Poland. You should check whether there are any trademarks that are identical or similar to your trademark. To do this, you should search the following databases:

• database of national marks;
• European Union logo database;
• database of international marks (all those designated for Poland or the European Union)

All of the above-mentioned databases may contain trademarks that may be a potential obstacle to the granting of protection rights for your trademark.

Fees for trademark registration in Poland

In the case of an electronic filing of an application for trademark registration in accordance with the applicable classification you should pay:

• for one class of goods - PLN 400.00
• for each additional class of goods - PLN 120.00.

Process of the trademark registration in Poland

Thanks to the service of trademark registration in Poland and accompanying the process of obtaining it, this exclusive right is granted to you on Polish territory and for your sector of activity only. Your sector of activity corresponds, among other things, to the classes you selected during the availability search. An exclusive right allows you to prevent your competitors from using your mark, a similar mark or a mark that may be confusing with yours. Similarly, you must ensure that you do not infringe on the trademarks of others.

Trademark registration in Poland renewal

Renewal fees must be paid within 12 months before the expiration of the registration period. Within six months after the renewal deadline, you can renew by paying an additional cost. If a trademark in Poland is not utilized within five years following trademark registration, its validity may be withdrawn.