Trademark registration in the Polish Patent Office (PPO) and EUIPO – step by step:
Application Submission:
The trademark registration process commences with the submission of an application. This application includes essential details such as the entity acting as the trademark owner, the description of the trademark, identification of the goods for which the trademark is intended, and the classes to which the protective rights should apply.
The application can be submitted in person or online through a secure ePUAP profile. In the case of electronic submissions, further correspondence is conducted through the relevant office’s system.
Formal and Legal Check:
After the application, required documents, and payments have been submitted, the Polish Patent Office (PPO) and EUIPO conduct a formal and legal check of the application.
Substantive Examination:
Subsequently, the authorities examine whether there are any absolute grounds for refusal of protection. This is known as the substantive examination of the application.
Among the obstacles that can prevent registration with the PPO, we can mention:
- Absolute impediments: ensuring that the mark possesses distinctive value, does not mislead consumers, and complies with ethical standards, among other criteria.
- Relative impediments typically arise when another party objects to the registration of a similar or identical trademark used for identical or similar goods or services.
Publication of the Trademark and Opposition Period:
If no absolute obstacles exist, information about the application and trademark is published in the Bulletin of the Polish Patent Office. During this time, anyone can review the application and, if necessary, file an opposition within 3 months.
Regarding registration with the EUIPO, the system provides a schedule with specific dates and information about the number of received oppositions.
Trademark Registration:
Ultimately, the Polish Patent Office (PPO) issues a decision regarding the grant of protection. If the response is affirmative and the applicant has paid the appropriate fee (for the initial 10-year protection period and publication of the decision), the office will provide a protection certificate.
In the case of EUIPO, upon a lack of opposition, information about the trademark registration is published, and the applicant can obtain the certificate from the EUIPO’s website.
Following registration, the trademark is protected for 10 years, with the option to renew every subsequent decade.