Trademark in Poland
Introduction
In Poland, signs that are registered as trademarks must have specific characteristics that set them apart from competing signs. Any graphic sign or one that can be represented graphically is eligible for trademark registration. Words, designs, ornamentation, colour schemes, three-dimensional shapes of products or their packaging, melodies, or other audio indications are a few examples of trademarks.
In Poland, trademark protection is valid for ten years following the date of filing and may be extended (upon request) for an additional ten years. It would be wise to seek the counsel of a Polish lawyer for additional in-depth information. The following are the key laws that regulate trademark protection in Poland, as highlighted by our team of attorneys there-
- The Industrial Property Law Act of 2020, as amended,
- The Prime Minister's Regulation of December 8, 2016, on the submission and review of trademark applications, and
- The Regulation of the Council of Ministers, which amends the regulation on the fees associated with the protection of trademarks, inventions, utility models, and other intellectual property.
In-depth details regarding these laws, which are necessary for trademark registration in Poland, are available from our experts. If you want to follow the objection procedure, we can also help you. Within three months following the trademark registration application's publication, the opposing parties may start this process.
Documents required to register a trademark in Poland include
A request that identifies the applicants and describes the trademark must be submitted along with the application. Depending on the type of trademark, a priority document and specific copies of the trademark must be provided (clear prints if the trademark is a drawing, sign, designs, etc. colour claims, if applicable, or recording tapes for sound trademarks).
Polish, English, German, French, or Russian translations of the priority document should be made if necessary. Statements (if applicable), powers of attorney, guidelines for utilizing a collective mark, and specific documents approving the use of other trademarks are examples of additional documents that may be required (safety signs, flags, etc.).
- In Poland, any individual—natural or legal—can submit an application for trademark registration.
A request that identifies the applicants and describes the trademark must be submitted along with the application. Depending on the type of trademark, a priority document and specific copies of the trademark must be provided (clear prints if the trademark is a drawing, sign, designs, etc. colour claims, if applicable, or recording tapes for sound trademarks).
Polish, English, German, French, or Russian translations of the priority document should be made if necessary. Statements (if applicable), powers of attorney, guidelines for utilizing a collective mark, and specific documents approving the use of other trademarks are examples of additional documents that may be required (safety signs, flags, etc.).
Polish distinctive trademarks
There are one-time costs and ongoing payments associated with the services provided by the Polish Patent Office for the protection of trademarks, inventions, and other intellectual property. The following is an illustration of the one-time fees for trademark protection-
- 120 PLN: the appropriate fee for each additional class of products for which trademark protection is necessary;
- 450 PLN: the fee for submitting a trademark protection form for one class of goods;
- 200 PLN: for converting a community trademark into a national application; an additional 150 PLN is charged for each new class of goods;
- 80 PLN: the price to extend the deadline for applications when failure to do so was caused by extenuating circumstances;
- 100 PLN: the cost of the request to have the submission reconsidered in conjunction with the ruling;
- 60 PLN: the charge for extracts from the registry;
- 100 PLN: for the issuing of a duplicate protection certificate (for the current legal status).
You may get additional information about these costs from our agents who are experts in Polish trademark registration. Investors or business owners interested in registering a trademark with the Polish Office should also examine the costs associated with the extension of the protection as well as the security fees (this is 400 PLN for each class of goods). You can get more information about the payment deadlines and the process for extending the period of protection from our lawyers in Poland.
The advance payment cannot be made earlier than one year prior to the expiration date; however, the extension payment must be made before the end of the current period of protection. If the payment is made after the due date, a 30% penalty will be added to the standard 400 PLN charge, which must be paid within six months of the prior protection period's expiration. At the time this article was published, the aforementioned fees for trademark registration in Poland were in effect. All interested parties are urged to contact our lawyers for more information regarding any new tariffs, if any.
Companies in Poland should be concerned with trademark protection and registration since doing so guarantees that they will be the only organizations legally entitled to ownership of each unique registered trademark. This gives the company market differentiation and may very well aid in developing the company's brand. In Poland, as in many other nations throughout the world, effective trademark protection is ensured by clear rules and regulations.
If you're interested in trademark registration in Poland, our staff can provide you with further information. For businesses, both new and those looking to strengthen their market position, trademark registration can be a crucial step. In all situations involving intellectual property law, working with a group of Warsaw lawyers is advised, both for registration and, if necessary, for bringing a copyright infringement litigation.
Please get in touch with our Polish attorneys if you require legal advice about trademarks, patents, designs, domain names, and other rights or if you have any questions about specific areas of property protection in Poland.
Polish trademark protection
The trademark's main function is to set its company's products and services apart from competing ones on the market. Any same or similar trademarks are therefore guilty of copyright infringement, especially if they are used to related items.
The Patent Office receives trademark applications, reviews them, and notifies the Polish firm of any grounds for rejection. For the aim of protecting trademarks in Poland, both the Polish Industrial Property Law and the EU Community Trademark Regulations are applied. You can create a business and register a distinctive brand with the aid of our Polish attorneys.
Fees for filing a trademark in Poland
The trademark must meet specific requirements for distinctiveness and originality in order to be registered in Poland, and business owners are required to abide by the rules that apply to signs and symbols that are used as trademarks. Knowing the grounds for rejection in cases of Polish trademark applications is also crucial. Our Polish attorneys can assist you in registering a distinctive trademark if you wish to establish a business in Poland. The most crucial quality of a new trademark that is to be registered in Poland is distinctiveness. Any natural or legal person may apply for trademark protection in Poland so long as the chosen trademark satisfies the requirements listed below-
- It does not depict the origin, quality, value, purpose, or manufacturing process;
- It does not violate a third party's personal right;
- It is not against the law or morality;
- It should not include the Polish flag or other flags, as well as symbols for international organizations.
- It distinguishes itself from other trademarks and also distinguishes the goods and services of the Polish company.
A word or group of words, a pattern or palette of colours, a melody, or a three-dimensional object can all be considered trademarks that adhere to these rules. Trademarks may be random, ambiguous, descriptive, or generic. In Poland, registration of trademarks that are regarded as generic is not permitted. The primary reasons for rejection include-
- Using just generic terms in trade; for instance, businesses engaged in the manufacture of bottled water are unable to register a word mark consisting solely of the term’s "water" or "premium water";
- Misleading trademarks: those that have the potential to mislead consumers about the nature or origin of the goods;
- Words that have entered common or colloquial usage: Words that are often used in practice cannot be registered;
- National symbol: a trademark cannot be registered if it contains the flag, national anthem, or any of the Republic of Poland's other official symbols. The same goes for trademarks that contain the symbol of the armed forces.
- Other symbols: the trademark cannot contain any elements that have a strong religious, cultural, or patriotic connotation.
Procedure for trademark registration
A formal assessment, a uniqueness examination, and a search for previous trademarks are all included in the application procedure. The entire process, from initial filing to registration, takes about two years. The trademark is published in the monthly "Wiadomosci Urzedu Patentowego" following registration. Only after the registration has been authorized is an opposition able to be submitted. The opposition period lasts for six months after the registration was published in the "Wiadomosci Urzedu Patentowego."
Registration of a trademark
In Poland, a trademark registration is good for ten years, beginning on the date of registration. Ten years might pass between renewals of the registration.
FAQ
What are the four steps in the trademark registration process?
The process of registering a business consists of four steps-
- a business name search;
- drafting the registration application;
- submitting the registration application; and
- responding to the USPTO examiner.
Business names, logos, and taglines are safeguarded via trademarks and service marks.
How can I file a trademark in the European Union?
On the EUIPO website, you can either print the form and fill it out, or you can submit your application online. One of the EU's 23 official languages must be utilized. Additionally, you must choose a second language other than one of the EUIPO's five official languages. If any information is lacking, EUIPO will get in touch with you.
How long does it take for a trademark to be registered?
It typically takes 18 to 24 months to gain registration in an uncomplicated situation without any objections or opposition. However, one or two days after submitting, the trademark application number is typically issued.
Which five levels of trademarks are there?
There are five basic sorts of trademarks for goods-
- Generic marks,
- Descriptive marks,
- Suggestive markings,
- Imaginative marks, and
- Arbitrary marks.
Trademarks or Registered, what come first?
When a trademark application is still being processed, which could take anywhere from 6 to 16 months, you are only permitted to use the TM symbol. Once approved, you can start using the registered symbol right away. Although doing so carries some risk, you are not required to register your brand.
How much time does an EU trademark require?
If there is no opposition, the period required to register a trademark in the EU is roughly 4-5 months. The words and phrases that best describe your products and services should be carefully chosen. Avoid selecting unneeded items because you must also use the trademark on such items.
What occurs following the registration of a trademark?
Your trademark appears in our weekly online Trademark Official Gazette once it has been given the all-clear for publication. You haven't yet registered your trademark. Once your trademark is published, a 30-day window opens up for the public to object if they believe their rights will be violated.
How can I tell whether my trademark has been accepted?
Using the Trademark Status and Document Retrieval (TSDR) system, you may always check the status of your application online. Is it free to trademark a name? You'll get a serial number in your filing receipt once your application is submitted to us. Because you will always have to pay at least a minor charge to cover the costs of processing and analysing your trademark registration, there is no way to register a name trademark for free. There is no free federal trademark available.
Do brands have a shelf life?
Maintaining your trade mark registration is essential to guaranteeing the greatest level of protection for trademarks that are a significant component of your company's intellectual property. If not, your trademark will expire and you will no longer have the exclusive right to use it.
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