What is a trademark?
Under trademark law, a trademark is any sign capable of distinguishing the goods or services of one business from those of another, and capable of being represented in a register in a manner that allows the subject matter of protection to be determined clearly. In practice, a trademark can be:
- a company or product name (a word mark),
- a logo, graphic symbol, or a word-and-graphic combination,
- an advertising slogan,
- a colour or combination of colours,
- the shape of packaging or of a product,
- a sound (for example, an audio jingle).
So the answer to the question of what a trademark is comes down to one function: it is a sign that, in the eyes of customers, is unambiguously associated with a specific business and builds its recognition on the market.
Trademark versus a “patent for a name”
In conversations with clients, the phrase “patent for a name” comes up often. It is worth clarifying this right away: a company, product, or logo name is not protected by a patent, but through trademark registration. A patent covers technical inventions, while distinctive signs are covered by a separate procedure – registration with the Polish Patent Office, the EUIPO, or under the international Madrid System. Although people commonly talk about “patenting a name”, the legally correct term is trademark registration.
Why register a trademark?
The question of why you should register a trademark is one that almost every entrepreneur asks at the stage of building a brand. There are several answers, and each has a direct impact on the value and security of the business:
- Market exclusivity – registration grants an exclusive right to use the sign for the registered classes of goods and services in the territory covered by the protection.
- A real basis for enforcement – in the event of infringement, the owner can demand that the use of a similar sign stop, seek damages, and have infringing goods withdrawn from the market.
- Protection against brand hijacking – without registration, a name can be registered by a competitor, even if another business used it first in the market.
- Increased company value – a registered trademark is an asset that can be valued, licensed, sold, or contributed as an in-kind contribution.
- Safer expansion – holding a registered right makes it easier to enter new markets and work with foreign partners.
How to register a trademark, step by step
The process behind the question how to register a trademark involves several stages:
- Registrability analysis – checking whether the sign is not purely descriptive, is not misleading, and does not conflict with earlier rights.
- Clearance search – searching the databases of the Polish Patent Office, EUIPO, and WIPO for similar, previously registered trademarks.
- Selecting classes of goods and services – according to the Nice Classification, which divides goods and services into 45 classes.
- Filing the application – with the Polish Patent Office (national protection), the EUIPO (protection across the entire European Union), or under the Madrid System (international protection).
- Formal examination and publication – the office verifies the application, and information about it is published in the official bulletin, opening a three-month period during which third parties may file oppositions.
- Decision on the grant of the trademark protection right – if no opposition is filed, or an opposition is dismissed, the office issues a decision.
- Issuance of the trademark registration certificate – the document confirming that protection has been granted.
Depending on the office involved and any oppositions filed, the entire procedure usually takes anywhere from a few months to over a year.
The Nice Classification – why it matters
The Nice Classification is an international system for classifying goods and services, used by patent and trademark offices worldwide. It comprises 45 classes – 34 for goods and 11 for services. Choosing the right classes correctly is critical: too narrow a scope of protection will not shield the business from imitators operating in related industries, while too broad a scope generates unnecessary costs and the risk of opposition from owners of similar marks. This is one of the stages where the experience of a trademark attorney has a real impact on the effectiveness of the application.
What is a trademark protection right?
A trademark protection right is an exclusive property right granted by a patent office once the registration procedure has been successfully completed. The rights holder can:
- prohibit third parties from using an identical or similar sign for the goods and services covered by the registration,
- mark goods with the ® symbol,
- grant licences to use the trademark,
- transfer the right to the trademark under an agreement.
In Poland, the trademark protection right is granted for 10 years, and can be renewed indefinitely for further ten-year periods, provided the trademark is genuinely used in commerce.
How to protect a trademark after registration
Registration is only the beginning. The answer to how to protect a trademark in practice includes:
- regularly monitoring new applications to detect potential infringements,
- actually using the trademark in the registered classes (a mark not used for 5 years can be revoked),
- responding to infringements through cease-and-desist letters, oppositions, and dispute proceedings,
- renewing protection on time,
- extending protection to new markets as the business grows.
Filing a trademark application alone or with a specialist?
In theory, any entrepreneur can file an application with a patent office on their own. In practice, mistakes made at the filing stage – an imprecise list of goods and services, overlooking a conflict with an earlier trademark, or a poorly drafted claim – are often difficult or impossible to fix once the application has been submitted. That is why, in most cases, it is worth entrusting this process to an intellectual property law firm.
A patent and trademark attorney (in Poland, “rzecznik patentowy”) is a regulated profession, authorised to represent clients before the Polish Patent Office, the EUIPO, and in dispute proceedings. Unlike a general legal representative, a patent and trademark attorney combines legal knowledge with an understanding of the specifics of a given industry, which makes it possible to accurately assess the registrability of a sign and plan a protection strategy tailored to the client’s business model.
PATENTBOX handles the full scope of trademark registration matters – from registrability searches, through filing with the Polish Patent Office, EUIPO, and under the Madrid System, to protection and enforcement in the event of infringement.
Summary
A trademark is one of a company’s most important, and most frequently underestimated, assets. Registering it grants genuine market exclusivity, protects against a competitor hijacking the brand, and builds the value of the business. The application process – from selecting classes under the Nice Classification, through clearance searches, to obtaining the trademark registration certificate – requires knowledge and experience, which is why it is worth relying on the support of a trademark attorney as early as the planning stage of the application.
Need help registering a trademark?
Contact PATENTBOX. We will carry out a registrability search for your sign and handle the entire application procedure, from selecting classes to obtaining the trademark protection right.
Frequently asked questions
What is the difference between a trademark and a patent?
A trademark protects distinctive signs, such as a name, logo, or slogan. A patent protects technical inventions, that is, solutions to technical problems. These are two separate forms of industrial property protection, governed by different procedures.
How long does trademark registration take?
With the Polish Patent Office, the procedure usually takes about 5-6 months if no opposition is filed. With the EUIPO, or if an opposition is filed, the process can take over a year.
How long does trademark protection last?
A trademark protection right is granted for 10 years and can be renewed for further ten-year periods without limit, provided the renewal fee is paid on time.
Is it worth registering a trademark before starting a business?
Yes. Registering early secures the name and logo before the brand gains recognition, which removes the risk of someone else registering a similar sign first.
Do you need a patent attorney to file a trademark application?
Formally, it is not mandatory for national applications, but working with a patent attorney significantly reduces the risk of formal errors and conflicts with earlier trademarks, which can lead to a refusal of registration.