Trademark application Poland

In the fast-paced and competitive world of business, protecting your brand is paramount. A well-established and recognized trademark can set your products or services apart from the crowd, allowing you to build a loyal customer base and safeguard your reputation. If you're looking to expand your business presence in Poland, one of the European Union's most dynamic economies, securing a trademark should be high on your priority list.

Poland, with its strategic location, robust market, and skilled workforce, offers immense opportunities for entrepreneurs and enterprises alike. However, filing a trademark application in Poland involves a meticulous and structured approach to ensure that your intellectual property is safeguarded against potential infringements.

In this comprehensive guide, we'll walk you through the essential steps of filing a trademark application in Poland. From understanding the legal framework and requirements to navigating potential challenges, we'll equip you with the knowledge and insights needed to protect your brand effectively. Whether you're a startup or an established company, this article aims to demystify the process and help you make informed decisions to secure your valuable trademarks.

Trademark application costs in Poland

The cost of filing a trademark application in Poland varies depending on the number of classes of goods or services you wish to register.

Name of service Official fee, Polish national currency (PLN)
Filing application, one class 400
- additionally for each class 120
- additionally for claiming priority 100
Registration and Certificate issuing, one class 490
- additionally for each subsequent class 400
Renewal of registration, one class 600
- additionally for each subsequent class 400

 

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Exclusive Rights
In Poland, trademark registration gives the owner the sole authority to use the mark on the listed products or services inside the country. Due to this exclusivity, there is less chance of brand confusion and dilution from third parties utilizing a mark that is similar to or identical to yours.
Protect Reputation
Trademarks are a useful tool for protecting the reputation and distinctiveness of your brand. In order to keep your consumers' confidence and loyalty, a registered trademark serves as a deterrence against possible infringers and counterfeiters.
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Market Recognition
Establishing your presence in the marketplace and enhancing brand recognition are both achieved by registering a trademark. When customers see a registered trademark, they are more likely to link your goods or services with dependability and quality.
Legal Enforcement
If someone uses your trademark without your permission, you have stronger legal grounds to sue them. It enables you to pursue legal actions to prevent unauthorized use of your brand, such as requesting injunctions and damages.
Investment and Licensing Opportunities
A registered trademark adds value to your business and can be a valuable asset when seeking investments or licensing opportunities. It enhances your business's overall worth and credibility.
Preservation of Trademark Rights
Trademark rights in Poland are granted on a "first-to-file" basis, meaning the first person or entity to register a mark is generally considered the owner. Failing to register your trademark may result in losing the right to use it or facing legal disputes.
Benefits of using Pocket IP for filing trademark application in Poland
Time Efficiency: The online process is generally faster than traditional filing methods. Applicants can complete the application form and submit all the required documents electronically, reducing the time spent on paperwork and mailing.
Cost-Effective: Online filing comes with reduced administrative costs compared to traditional filing.
Error Prevention: Online systems include built-in validations and checks, reducing the likelihood of errors or omissions in the application. This helps applicants submit complete and accurate information.
Real-Time Updates: Applicants can track the status of their application in real-time through the online portal. This transparency provides peace of mind and allows applicants to stay informed about any developments or actions taken on their application.
Electronic Records: All documentation related to the application, including the acknowledgment receipt and official communication, is stored electronically. This makes it easier for applicants to access and manage their records.
24/7 Availability: Online filing service Pocket IP is available round the clock, allowing applicants to submit their applications at their convenience, even outside of standard business hours.

Trademark registration process in Poland

Trademark Search
Trademark Search
Not mandatory but recommended
The search helps ensure that your desired trademark is not already registered or pending in Poland. This step minimizes the risk of potential conflicts and increases the chances of successful registration.
Filing
Filing
New trademark application
Once you have confirmed the availability of your trademark, you can proceed with the application filing. You can submit the application directly to the Polish Patent Office or online with Pocket IP service.
Application Examination
Application Examination
Formal requirements and substantive examination
The Polish Patent Office will review your trademark application to ensure it complies with all legal requirements. They will assess the distinctiveness of the mark and verify that it does not infringe upon existing trademarks.
Publication and Opposition period
Publication and Opposition period
Opposition period 3 months
If the trademark application is deemed acceptable, it will be published in the Official Gazette of the Polish Patent Office. This publication allows third parties to oppose the registration within a 3-months period if they believe it may cause confusion with their existing trademarks.
Registration
Registration
Issuing of registration certificate
If there are no oppositions or if any oppositions are successfully resolved, your trademark will be registered, and a certificate of registration will be issued. The trademark registration in Poland is valid for ten years from the filing date and can be renewed indefinitely.

The entire trademark registration process in Poland usually takes 6-8 months, but it can take longer if there is any opposition or provisional refusal.

For non-residents representation of a Polish trademark attorney is obligatory.

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FAQ

A trademark serves as a unique symbol, logo, word, or sign that distinguishes your products or services from others in the market. In Poland, registering a trademark holds utmost importance as it offers legal protection, exclusivity, and brand recognition, safeguarding your brand identity and preventing unauthorized use by competitors.

The process of trademark registration in Poland is open to all individuals or legal entities, both domestic and foreign applicants.

Poland allows the registration of various types of trademarks, including word marks, logo marks, composite marks (a combination of words and logos), and three-dimensional marks.

The trademark registration process in Poland typically takes approximately 6 to 8 months, subject to factors such as application complexity and potential opposition proceedings.

Applicants have the option to apply for a trademark in multiple classes of goods or services, with each class requiring an additional filing fee.

Common reasons for trademark application rejection in Poland may include a lack of distinctiveness, similarity to existing trademarks, and violation of public order or morality.

After submission, certain amendments can be made to the application, such as correcting minor errors or narrowing the scope of goods or services covered. However, substantial changes to the mark are generally not permitted.

Division of an application and the transfer of trademark rights to another person are also possible in Poland.

A registered trademark in Poland is initially valid for ten years from the filing date, with the option for indefinite renewal in ten-year intervals.

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