Do you need to register your logo and business name as a trademark?

Is trademark registration required?

There is no legal obligation to register your logo or business name. However, registering them as trademarks is by far the most effective way to secure exclusive rights to your brand, prevent competitors from copying it, and enforce your rights if infringement occurs.

Without registration, pursuing legal claims against copycats is significantly harder, slower, and more expensive. In short: you can operate without a registered trademark, but you probably shouldn’t.

How to register a trademark in Poland

Trademark registration in Poland is handled by the Polish Patent Office (UPRP). The process works as follows:

1. File an application that includes the trademark itself (a word mark, logo, or combined mark), the applicant’s details, and a list of goods and services classified under the Nice Classification.
2. Pay the official fee, which depends on the number of trademark classes covered.
3. The UPRP conducts a formal and substantive examination of the application.
4. The application is published in the UPRP Bulletin, opening a 3-month window during which third parties may file an opposition.
5. If no opposition is filed, the UPRP issues a registration decision.
6. A second official fee must be paid within 3 months of the decision to secure protection for a period of 10 years.

How to register a trademark in the European Union

To protect your brand across all 27 EU member states with a single application, you can file for an EU trademark (EUTM) with the European Union Intellectual Property Office (EUIPO). The procedure is similar to the Polish process: the office examines the application, publishes it for an opposition period, and — if no objections arise — registers the mark.

An EU trademark is valid for 10 years and can be renewed indefinitely. For businesses operating on the European market or planning to expand, this is usually the most cost-effective route — far cheaper than filing separately in multiple countries.

UPRP vs. EUIPO — a quick comparison

Word mark vs. figurative mark — which should you register?

This is one of the most common questions we hear. The answer depends on what you want to protect — and ideally, you should protect both. Here’s how the two types compare:

Registering your business name (word mark)

Advantages

• Protects the name regardless of font, colour, or layout
• Easier to enforce against similar names used by competitors
• Strong basis for removing counterfeit listings from marketplaces

Limitations

• Purely descriptive or generic terms cannot be registered
• Does not protect the visual design (logo) itself

Registering your logo (figurative mark)

Why is trademark registration worth it?

Registering your trademark gives you a powerful set of tools to protect and grow your business:

• Exclusive rights — no one in your industry can legally use your name or logo without your permission within the territory of registration.
• Stronger enforcement — registered trademarks give access to both civil and criminal remedies, making it far easier to stop infringers.
• Marketplace protection — major platforms (Amazon, Allegro, eBay) require proof of trademark registration to remove counterfeit listings.
• Brand value — a registered trademark is an intangible asset that can be licensed, sold, or used as collateral.
• Deterrent effect — the ® symbol signals to competitors that your brand is legally protected, discouraging copycats before they start.
• Long-term security — protect the investment you’ve made in building brand recognition and customer trust.

What happens if you don’t register your trademark?

European Union law primarily protects registered trademarks. Without registration, you face several risks:

• It is much harder to prove that you have exclusive rights to the name or logo.
• Your legal options for stopping imitators are limited and expensive.
• You risk losing customers and reputation to brands that look or sound like yours.
• In the worst case, a competitor could register a mark similar to yours — forcing you to rebrand, not them.

Even if you can rely on unfair competition law to some extent, it offers far weaker protection than a registered trademark and is much harder to enforce in practice.

Legal remedies for trademark infringement

If your registered trademark is infringed, you are entitled to demand that the infringer:

• Cease the infringing activity immediately
• Remove the effects of the infringement (e.g. withdraw products from the market, take down listings)
• Surrender any profits obtained through the infringement
• Pay damages for the harm caused

Both civil and criminal remedies are available under Polish law. Criminal penalties for serious trademark infringement can include fines, restriction of liberty, or imprisonment of up to 5 years.

Key takeaways

Registering your logo and business name as trademarks is the foundation of brand protection. Whether you file in Poland (UPRP) or across the EU (EUIPO), registration gives you enforceable exclusive rights that no other legal mechanism can match.

The process involves costs and formalities, but it is well worth entrusting to an experienced trademark attorney. At PATENTBOX in Poznań, we guide entrepreneurs through every step — from analysing registrability to filing, monitoring, and enforcement.

Ready to protect your brand?

Tell us about your trademark and the markets you operate in — we’ll prepare a free initial quote for registration.