How long does trademark registration take?
We are explaining how long it takes to register a trademark. Read about where, and how you can register your trademark in Poland and in the European Union.
A trademark is any sign that allows for the distinction of goods or services of one entrepreneur from those offered by competitors. It can be, among others: a logo, a word or phrase, a color, or even a distinctive sound. Here you will see examples of trademarks.
A trademark is always registered for specific goods or services for labeling of which it is intended.
To protect a trademark in Poland, it is necessary to file an application to the Patent Office of the Republic of Poland (PPO).
To obtain protection of a trademark throughout the European Union, an application for trademark registration should be filed to the European Union Intellectual Property Office (EUIPO).
In individual countries, one can apply for trademark registration directly before the national office. It is also possible to use the international trademark registration system (so-called Madrid System) and file a trademark with the International Bureau of the Worls Intellectual Property Organization (WIPO).
Once we file the trademark to the PPO, the Office will first check for any obstacles to the registration of the trademark, based on which it could refuse registration “ex officio.” If the Office identifies no such obstacles, information about the trademark application will be published in the Patent Office Bulletin (BUP).
From the date of this publication, a 3-month opposition period begins. This is the time during which anyone can file an opposition against the trademark application, citing their prior rights.
If there are no obstacles to refusing the trademark registration “ex officio” and no one files an opposition, the within approximately 1-2 months after the end of the opposition period, the PPO will issue a so-called “conditional” decision granting protective rights to the trademark.
After receiving this decision, it is essential to pay the fees indicated in the conditional decision within 3 months. Those are fees for publication and for the first 10-year protection period of the trademark.
Once the conditional decision becomes valid and the fees are timely received by the Office, the PPO will assign a registration number to the trademark and issue a paper certificate of protection.
In a completely problem-free procedure, the entire process—from the date of application to the date of issuing the conditional decision—takes about 6 months. After a few more months and timely payment of the fees indicated in the conditional decision, we will receive the certificate of protection by mail.
Assuming that the office registers the trademark, its protection runs from the date of application. The symbol ® can only be legally used after receiving the conditional decision—provided that it has been paid within the deadline.
The trademark registration procedure at the EUIPO is very similar to that before the Polish Patent Office.
If the process goes completely smoothly, the EUIPO will register the trademark approximately 6 months from the date of application.
At the EUIPO, the official fee for the application, registration, and the first 10 years of protection is paid when filing the trademark application to the office. If the EUIPO does not register the trademark, unfortunately, the entire amount is forfeited.
The EUIPO issues trademark registration certificates in electronic form. We usually receive it within a few days of EUIPO’s decision to register the trademark.
Before filing a trademark application, it is advisable to conduct a trademark search. Although it is not required by the patent office, it is very useful in making business decisions regarding the brand. The search involves checking whether:
The search can help us avoid unnecessary expenses for a trademark application, which carries a significant risk of failure, and also protect us from using a brand that would infringe the rights to others’ trademarks—potentially resulting in negative consequences for us (e.g., a lawsuit from the owner of a prior trademark).
We can help you register a trademark. Ask us about our offer!