How to register a trademark in Poland

How to register a trademark in Poland

Intellectual property protection is extremely important for every company. One of the key aspects of brand protection is trademark registration. The owner of a registered trademark has the exclusive right to use it in the area and industry in the specific territory where the mark is protected. This gives them a competitive advantage and protects against unfair practices by other entities.

Why is it worth registering a trademark in Poland? The answer to this question lies in the powerful protection that a Polish trademark registration provides. It is a must if your goods or services are offered on the Polish market.

 

What is a trademark?

Let’s start with the basics: a trademark can be any designation that allows distinguishing a company’s goods or services in the market from the competition’s offerings. Trademarks can include, among others: logos, single words or phrases – as well as: graphics, colors, sound signals. A trademark is always protected in relation to specific goods and services.

 

Where to register a trademark in Poland?

Trademark applications can be filed at the Polish Patent Office. If the procedure is successful and the Polish Patent Office grants protection for the trademark, then its protection will only apply within the territory of Poland.

If you want your trademark to be protected throughout the European Union, including Poland, you shall file a trademark application to the European Union Intellectual Property Office, in short: the EUIPO.

 

What must a Polish trademark application contain?

The application for registration of a trademark must indicate only one trademark and a list of goods and services according to the Nice Classification. YMoreover, you have to pay an official application fee.

A qualified Polish Patent Attorney will help you to prepare such application correctly – including an appropriate and extensive list of goods and services.

 

How long does it take to register a trademark in Poland?

Within max. 2 months from the date of filing the trademark application with the Polish Patent Office, the trademark should be visible in the office’s e-search engine. Then, the PPO examines whether there are any so-called absolute grounds for refusal of trademark protection. If they are not found, the trademark application is published in the Bulletin of the Patent Office (BUP).

An opposition period runs for 3 months from the date of publication in BUP, during which third parties may oppose the trademark application.

If no one files an opposition and the office finds no absolute grounds for refusal of protection, the trademark is designated for registration. The decision to grant protection for a trademark – the so-called conditional decision – usually issued by the Polish Patent Office within 1-2 months from the end of the objection period.

The condition for effective registration the trademark in Poland is the timely payment of the fees indicated in the conditional decision: for publication and for the first 10 years of protection. Within a few months after this decision becomes final and if it is paid, the Polish Patent Office assigns a registration number to the trademark and issues a paper certificate of protection of the trademark.

Assuming that the process is completely trouble-free, there are no office actions and no one files an opposition, then the entire procedure, from the filing of the trademark application until its registration lasts about 6 months. One has to wait another few months for the certificate to be issued.

Provided that the trademark is registered in Poland, the trademark protection runs from the date of its filing to the PPO. However, the ® symbol can be legally used only after the mark has been registered.

 

What should be kept in mind before filing a trademark application?

Before filing a trademark application, it is worth running a trademark availability search by a professional IP firm. The trademark search involves checking whether:

  • there are absolute grounds for refusal of protection for the mark – i.e. can the office refuse to grant protection for the trademark “ex officio”,
  • there are earlier marks that conflict with the searched trademark and, as a result, may constitute an obstacle not only to its registration, but also to its legal.

A trademark search is not required by the Polish Patent Office, but it is worth conducting it. A trademark search can prevent unnecessary spending of money on a Polish trademark application with a high risk of failure.

Don’t hesitate to contact an IP expert to make the trademark registration process clearer and more effective. Attorneys from PATENTBOX will assist you in registering your trademark in Poland.

 

Register your trademark in Poland today and profit from the benefits of your brand protection!

Ask us for an offer on a trademark search and registration in Poland

 

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