Obtaining Legal Trademark Protection in Poland - Blog iPNOTE
This website uses cookies. Learn more.
ACCEPT

How to start?

1
Within minutes, create a request with an AI assistant and receive offers from dozens of local IP attorneys
2
Review offers, compare them, and select the most suitable option. Complete your transaction securely
3
Stay informed on the progress and communicate with your attorney through the platform until the process is complete
Start protecting NOW

Obtaining Legal Trademark Protection in Poland

By: Błażej Wągiel, registered attorney at IPSO LEGAL, Poland

 

If you’re a business owner or entrepreneur looking to expand your brand into Poland, it’s important to understand the legal framework for obtaining trademark protection in the country. While the process of obtaining legal trademark protection in Poland may seem daunting, it’s an essential step to safeguard your brand identity and prevent competitors from infringing on your intellectual property rights. In this article, we’ll explore the various steps and requirements involved in securing trademark protection in Poland

Contents

1. What can be registered as a trademark in Poland?

2. Why can you be refused to register a trademark in Poland?

3. The process of trademark registration in Poland

4. Documents required for registering a trademark in Poland

5. Trademark opposition process in Poland

6. Costs of trademark registration in Poland

7. Final thoughts

1. What can be registered as a trademark in Poland?

 

Trademarks are signs that businesses use to identify their products or services. They can take the form of, for example, a drawing, letters, numbers, color, spatial form (such as the shape of goods or packaging) or even sound. It is important that such a marking be unique and distinguish the goods of one company from those of another.

 

In order to obtain legal protection for your trademark in Poland, you must apply for it in the trademark register maintained by the Patent Office of the Republic of Poland. The filing fee depends on the number of trademark classes in which the mark will be filed. For this purpose, it is useful to use the Nice Classification to determine the number of trademark classes.

2. Why can you be refused to register a trademark in Poland?

 

In an application to register a trademark with the Polish Patent Office, the trademark must be presented or expressed in an appropriate manner. Depending on the form of the mark, this may include attaching it to the application, presenting several parts of it side by side, expressing it in the form of a drawing or photograph, expressing it as a hologram, or expressing it as a melody not suitable for direct depiction.

 

The application can be submitted in person, by an attorney, by mail, by fax or online. The attorney may be a patent attorney, legal counsel, lawyer, cross-border service provider.

 

The application is considered to have been filed on the day it is received by the Patent Office. In the case of an application by fax, the original document must be delivered to the office within 30 days from the date it was sent.

 

The Patent Office may refuse to protect trademarks that:

  • may not be a trademark,
  • are not suitable for distinguishing in trade the goods for which it was declared,
  • consist exclusively of elements that are indistinguishable in commerce, such as the type of goods, origin, quality, quantity, value, purpose, method of manufacture, composition, function or suitability,
  • consist exclusively of elements that have entered the vernacular or are customarily used in fair and established business practices,
  • consist exclusively of the shape or other characteristic of the goods, which are necessary to achieve a technical effect or significantly increase the value of the goods,
  • were reported in bad faith,
  • are contrary to public policy or good morals,
  • contain an element that is a symbol, such as religious, patriotic or cultural symbols that offend religious feelings, patriotic feelings or national tradition,
  • contain a symbol of Poland, such as an emblem, colors, anthem, sign of the armed forces, paramilitary organization, law enforcement forces, reproduction of orders, decorations, badges of honor, military badges, etc., without demonstrating proper authority,
  • contain the symbol of a foreign state, the name, abbreviation of the name, the symbol of an international organization or the official designation of a foreign state, control or guarantee stamp, without demonstrating the appropriate authorization.

3. The process of trademark registration in Poland

 

The right of protection for a trademark in Poland is vested in the person who applied for it or acquired the right to use it from him. In Poland, many individuals and entities can obtain the right of protection for a trademark, including natural persons, legal entities, organizations and organizational units of the State Treasury.

 

As for individual trademarks, the right of protection can be granted by an individual, a legal person, a government authority or an unincorporated organizational unit. In the case of a collective trademark, the right of protection can be obtained by an organization or legal entity.

 

In addition, the protection right for a guarantee trademark may be granted to an individual or legal entity that is not engaged in the business of supplying goods. The guarantee trademark serves to distinguish certified goods from those that are not certified.

 

As for the joint right of protection, it is granted for a trademark that is intended for use by several persons, such as entrepreneurs. It is important that the use of such a mark is not contrary to the public interest or intended to mislead the public.

 

IMPORTANT: Remember that a registered trademark is protected only to the extent of the specific goods and services indicated in the application.

4. Documents required for registering a trademark in Poland

 

Full information on this topic can be found on the website of the Patent Office of the Republic of Poland (UPRP). According to the information posted on the UPRP website, the documents required to file a trademark application are:

  • Application – a document that is mandatory and must be filled out using a form provided by the UPRP or through an IT system.
  • Fee – a document confirming payment of the trademark application fee.
  • Priority document – a document that must be attached in case of claiming priority.
  • Graphic or sound materials – documents, including photographs or prints of the trademark, as well as computer media containing a sound recording in case of a sound or multimedia trademark.
  • Documents confirming the right to use markings in the trademark – documents that must be attached if the applied-for trademark contains symbols of the Republic of Poland, symbols of a paramilitary organization or law enforcement agencies, reproduction of a Polish order, decoration, or honorary badge, military badge or other official or commonly used decoration or badge.

 

All these documents should be submitted to the Polish Patent Office on paper forms or through the IT system.

5. Trademark opposition process in Poland

 

Did you know that in Poland you can file an opposition if you think a trademark filed by another entity is the same or similar to yours? Or if you’re the one trying to register a name, symbol, logo or motif that someone else is using in their business?

 

This is important because your trademark rights are protected by law. To avoid possible legal problems in the future, it is a good idea to file against a similar or the same trademark that has been filed by another entity.

 

Objections may be filed if:

  • use of the trademark violates your personal or property rights of persons;
  • the trademark applied for is identical to a trademark for which a right of protection has been granted with an earlier priority in favor of another person for identical goods;
  • the trademark applied for is identical or similar to a trademark for which a right of protection has been granted with an earlier priority in favor of another person for identical or similar goods, if there is a risk of confusing the public, which includes, in particular, the risk of associating the mark applied for with the earlier mark;
  • the applied-for trademark is identical or similar to a reputable trademark for which a right of protection has been granted with an earlier priority in favor of another person for any goods, if the use of the applied-for trademark without a legitimate reason would give the applicant an unfair advantage or be detrimental to the distinctive character or reputation of the earlier trademark;
  • the trademark applied for is identical or similar to a trademark that, prior to the date by which priority to obtain the right of protection is determined, was in common knowledge in Poland and used as a trademark to designate identical or similar goods from another person, if there is a risk of confusing the public, which includes, in particular, the risk of associating the trademark applied for with a well-known trademark;
  • if under the provisions of national law or European Union law providing for the protection of a geographical indication or designation of origin, the person entitled to exercise the rights arising from an earlier application thereof, provided that the indication or designation is registered, may prohibit the use of a later trademark.

 

Opposition may also be based on applications for trademarks with prior priority, provided that a right of protection is granted for them. In this case, the commencement of opposition proceedings shall be stayed pending the resolution of the application proceedings on which the opposition was based.

 

An opposition must be filed within 3 months from the date of publication of the trademark application notice in the Patent Office Bulletin. The notice of opposition will be published in the Patent Office Bulletin and on the office’s website. The announcement must include the number of the trademark against which the opposition is filed and the name or company name.

6. Costs of trademark registration in Poland

 

Government fees of trademark registration in Poland:

  • 450 PLN – fee for filing an application for a trademark in one class, in traditional (paper) form,
  • 400 PLN – fee for filing an application for a trademark in one class, electronically,
  • 120 PLN – fee for each additional commodity class, in the case of a joint trademark or trademark for the purpose of obtaining a joint right of protection – the amount of the fee is increased by 100%,
  • 100 PLN – fee on the statement on the use of priority – for each priority.

 

The trademark registration cost in Poland via the iPNOTE platform starts from as low as $250, which includes all government fees and document preparation. Find the best patent attorney in Poland on iPNOTE.

 

January 23, 2023 marked the start of the third year of the SME Fund 2023 program. The SME Fund is a program designed to offer financial support to EU SMEs to protect their intellectual property rights. With this support, you can receive a refund of fees:

  • 75% of the official fees for trademarks or industrial designs, for EU, national and regional applications,
  • 50% of the official fees associated with filing a trademark or industrial design application at the international level.

7. Final thoughts

 

This article explains the process of obtaining legal trademark protection in Poland. It outlines what can be registered as a trademark, documents required for registration and the process of registration. The article also explains the opposition process in Poland.

Remember that in Poland, you can also obtain trademark protection covering all European Union countries. This means that your company can be protected regardless of which European market it operates in.

 

***

 

Have questions about trademark registration in Poland and Europe? Contact the IPSO LEGAL law firm via IPNOTE.

 

Sign up for free, and we’ll help you solve any IP problem.

 


 
Secure your brand’s future with seamless registration of trademark and brand patent registration services. Protect your intellectual property with confidence and ease.

Other posts

Qatar Trademark Registration Essentials: A Must-Read for Businesses
Taiwan Trademark Application Made Simple: A Step-by-Step Guide
Knockout Trademark Search Tool: Boost Your Strategy With iPNOTE
Bulgarian Trademark Tactics: Empowering Businesses through Registration
AI vs. Attorneys: Unveiling the Best Approach to Patent and Trademark Searches
Trademark Registration in Estonia: Protecting Your Brand’s Identity
Empowering Your Business: The Benefits of Trademark Registration in Jordan
Unlocking Growth: Why Startups Should Choose Brazil’s IP Landscape
Designing Success: A Deep Dive into Kuwait’s Design Registration Process
Intellectual Property Protection for Startups: Innovate, Secure, Conquer
Ensuring Brand Integrity: The Importance of Trademark Registration in Italy
Trademark Registration in Bangladesh: Key Insights for Success
Trademark Registration in New Zealand: Essential Insights for Business Owners
Unlocking Trademark Meaning: A Comprehensive Guide for Business Owners
Protecting Your Vision: Design Registration Essentials in Saudi Arabia
Navigating Patent and Trademark Searches: Manual vs. Attorney-Led Approaches
Trademark Registration in Papua New Guinea: Online Process and Foreigner’s Perspective
Navigating the Intellectual Property Seas: A Guide to Effective Portfolio Management
Trademark Meaning in Denmark: A Definitive Guide to Brand Identity
The Design Registration in Spain: Ink, Pixels, and Protection
A Guide to Design Protection in Jordan: Innovate, Register, Thrive
The Roadmap to Successful Design Registration in Egypt
Unlocking Business Success: The Invaluable Role of a Comprehensive Trademark Search
From Application to Registration: Mastering Trademarks in Oman
Navigating Design Registration in Bahrain: A Comprehensive Guide for Applicants
Trademark Security in OAPI: A Comprehensive Registration Manual
Mastering Design Registrations in India: From Concept to Protection
Beyond the Northern Lights: Unveiling the Trademark Registration Process in Norway
Trademark Registration in Morocco: From Search to Success
EPO Search Fee Refunds: A Strategic Perspective on Luxemburg Patents
Decoding Design Registration: A Deep Dive into Australia’s Intellectual Property Landscape
The Crucial Role of Online Patent Searches in Patent Application Success
An Overview of Trademark Registration Requirements in Argentina
Design Patents vs. Utility Patents: Understanding the Differences in the USA
Design registration in Serbia: Everything You Need To Know
Vietnam’s Patent Registration System: Key Considerations for International Applicants
Unlocking the Future: an AI-Powered Tool for Patent Search Excellence
iPNOTE’s Black Friday: Empowering Your Business with AI Solutions
The Ins and Outs of ARIPO Trademark Registration: A Complete Guide for Applicants
From Idea to Granting: The Process of Patent Registration in Saudi Arabia
Get Ahead of the Competition with Our AI Trademark Search Tool
Step-by-Step Guide to Trademark Registration in Serbia: From Search to Registration
Protecting Your Design in Iran: A Guide for Applicants
Securing Your Innovations: The Process of Patent Registration in Malaysia
7 Most Popular Questions about Accelerated Patent Examination in the USA
Why Registering a Trademark in Spain is Important
Design Protection Made Easy: How to Register in Vietnam
Navigating Trademark Registration in Egypt: A Complete Guide
Maximizing Protection: Trademark Registration in The Republic Of Armenia
Design Registration in the UAE: A Comprehensive Guide
Designs in Germany: A Helpful Tool for Artists and More
Strategic Trademark Registration: Insights from a Madrid System & Direct Filing Comparison
Trademark Registration in Mexico: What You Need to Know
iPNOTE: The Game-Changing Platform for Protecting Your Intellectual Property
The Pitfalls of A Re-Brand: Why It Can Be Dangerous to Change Names
Protecting Your Inventions: Why Germany’s Utility Model System is Worth Considering
Finding a Foreign IP Provider through iPNOTE: A Step-by-Step Guide
Understanding Trademark Search in Indonesia: Tips and Tricks
Finding the Right Attorney Made Easy with Technology Areas
Case Study: From $1,320 to $18,285: The Mystery Behind Patent Service Prices Unraveled
How to Get Offers Quickly and Optimize Your Daily Work
Patent Landscape in India: An Analysis of Trends and Opportunities
Utility Model Registration in Brazil: Everything You Need to Know
Trademark registration in Peru: An Essential Guide
Trademark registration in Germany: A Comprehensive Guide
Patent Cooperation Treaty (PCT): How to File a Single Application to Get Patent Protection in Multiple Countries
5 Lifehacks You Should Know Before Filing a Trademark in Turkey
Securing Your Brand on Amazon: Amazon Brand Registry with iPNOTE
Set up Stripe Account: How Get Payments via iPNOTE
General workflow at iPNOTE: How to Work on a Global Marketplace
Patent Registration in Australia: What You Need to Know
Trademark Registration in the Republic of Korea: Tips and Recommendations
Industrial Design Registration in Turkey: What You Need to Know
Trademark registration in Brazil: Everything You Need To Know
Auto Pricing: How to Set it Up and Attract Clients
Trademark Registration in Japan: Essential Information
The Ultimate Guide to Trademark Registration in Canada
An Offer Confirmation: What to Do When You’re Ready to Start
Case Study: How We Filed Our Client’s Designs in 5 Hours in China!
AI and Machine Learning Patents in Brazil: An Overview
Trademark Registration in the UK: An Essential Guide
Patent Registration in Japan: Essential Information
Your Public Profile: How to Be Promoted in Attorney’s Marketplace
Trademark Registration in Australia: Everything You Need to Know
Patent Registration in the Republic of Korea: A Quick Guide
Trademark Registration in Thailand: Essential Guide
How to Initiate and Complete Working on the Project
A New Client’s Request: What to Do When You Get an Order
Design Patent Registration: A Comprehensive Guide
Industrial Design Registration in Brazil: Everything You Need To Know
Industrial Design Registration in Indonesia: Essential Guide
Patent Registration in Canada: A Quick Guide
Registering a Design Patent in China: All You Need to Know
Trademark Registration in Hong Kong: How It Works
Design Patent Registration in the US: What You Need to Know
Utility Model registration in China: A Quick Guide
Trademark Registration in Indonesia: A Quick Guide
The Process of Utility Patent Registration in the USA
Trademark Renewal and Validity in the US
Bases for Applying for a Trademark in the USA
Registration of a Utility Patent in the US: What You Need to Know
Trademark Registration in the US: A Comprehensive Guide
Trademark Registration in Malaysia: Essential Information
Trademark Registration in Turkey: What You Need to Know
Trademark Registration in Iran: A Quick Guide
Case Study: How iPNOTE Saved $184K for a CleanTech Company
Trademark Registration in Saudi Arabia
Patent Agent vs Patent Attorney: Understanding the Differences
Trademark Registration in The UAE: A Quick Guide
Trademark Registration in India: How it Works
Trademark Registration in China: What You Need to Know
Trademark Registration: Everything You Need to Know!
Patent Registration: Everything You Need to Know!
Patent Registration in Japan
Cyprus IP Box Regime
We Are Hiring: Marketing Director!
5 Steps to Register an EU Trademark
12 Easy Ways to Save Money on IP
How to Register a Trademark in the US
How to Register a Patent in China
How to Select an IP Attorney
How to Register a Patent in Singapore
Why IP Management Automation is Key for Successful Global Expansion
Registering Patents in the US from Abroad
How to Register a Patent in the EU
We Are Hiring: Sales Manager Wanted!
What to Know Before You Start Protecting Your IP Globally
How to Cut Costs on International IP Registration
We Are Hiring: Project Manager Wanted!
How to Cut Down 13.553 € on IP Registration?
How Technology Is Changing The Global Intellectual Property Industry
Recap: How limited IP Waiver Could Solve Our Pandemic Vaccine Problems
Why do You Need an IP Management Platform?