Trademark registration Poland

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Every year we register more than 1500 trademarks in all countries in the world, with objections being lodged in less than 1 percent.

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What are the costs of a trademark registration in Poland?

The costs of trademark registration in Poland depend on the number of Nice classes that are relevant to the trademark. Most marks need 1 to 3 classes, but it is possible to get protection in all of classes 1 through 45 of the Nice classification.

Registration

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Renewal

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How do you get a trademark registration in Poland?

Registering a trademark in Poland is necessary to be able to claim the exclusive rights thereto. The country has a first-to-file jurisdiction. All applications are handled locally by the UPRP (Urzad Patentowy Rzeczypospolitej Polskiej), the Polish Intellectual Property Office. In Poland it is possible to submit applications covering several classes. Non-resident applicants are required to appoint a local trademark agent.

What can you register as a brand in Poland?

Signs that are part of a trademark must have certain characteristics that distinguish them from already existing trademarks. Any character that can be represented graphically can be registered as a trademark in the country. Some examples are:

Words
To design
Ornaments or color combinations
Three-dimensional shapes of goods or their packaging
Melodies or other acoustic characters

What steps do you go through to apply for a trademark in Poland?

If you wish to register a brand name in Poland, you should first check whether someone else is already using this trademark. If you can rule this out after a thorough trademark search, then you should complete an application form and submit it to the UPRP. At the same time as submitting the form, you also pay the associated costs. The patent office then conducts an initial, formal investigation. If your application goes through this successfully, publication in the official trade bulletin (Biuletyn Urzedu Patentowego) will take place.

After publication in the commercial bulletin, third parties have three months to object to registration and protection of your trademark. After that, the additional, substantive assessment by the UPRP takes place. Does your application meet all the requirements of the Polish Industrial Law Act? Then registering your brand name in Poland is a fact. Your trademark will be registered and published in the second trade gazette (Wiadomosci Urzedu Patentowego). You as an entrepreneur will receive an official certificate of your registration.

What is the best way to register a combined trademark in Poland?

Given the freedom in the characters you can use to create your trademark, a combined trademark is common. If your trademark also contains both a word element and a figurative element (logo), trademark protection only applies to the exact combination, as submitted to the UPRP. For some entrepreneurs this is enough. However, others also wish to be able to use the separate elements separately for commercial purposes.
Do you also want to use the word element or the figurative element separately for promotional purposes? It is best to go through a separate registration procedure for this. If you do not do this, the separate element is not protected and can therefore also be used – legally – by third parties to offer their own products or services. You can only object to this if this person offers the same or very similar products or services, so that a confusing similarity occurs for consumers.

Request priority for trademark registration

If you start an application procedure to register a trademark in Poland, you can use the priority claim if necessary. You do this, for example, if you also submit an application here within six months of applying for registration elsewhere. The priority right ensures that this additional registration is retroactive to the date of submission of the first registration. You must submit the priority document in or have it translated into Polish, English, German, French or Russian.

A successful registration, then what?

If you have successfully registered your trademark in Poland, this entitles you to ten years of protection. This protection takes effect retroactively from the date of application. When the period ends, it can be extended. Renewals also have a duration of ten years and can be requested as early as twelve months before the end date of the current registration period. There is a grace period of six months.

Active use of a trademark for its registration in Poland is not a registration. However, this does not mean that you can leave your trademark inactive indefinitely. Will five consecutive years elapse after the registration period in which you do not use your trademark? In that case, the UPRP can decide on the initiative of third parties to cancel it on the basis of non-use.

European and international trademark protection

Poland is a member of the European Union. For that reason, EUTM trademarks are also protected within this jurisdiction. You must submit an application for European trademark protection to the EUIPO. Successful registration leads to trademark protection in all countries of the European Union, including Poland. This is an attractive alternative for entrepreneurs who are planning to expand their business activities across Europe. In addition, Poland is also a member state of the Madrid Protocol. International (worldwide) expansion of your trademark protection is therefore also a possibility in this country.