SECURE THE RIGHTS TO YOUR BRAND

Trade mark registration brings many significant benefits. In particular, it provides basic protection against unfair competition, attempts to take over a brand (domain name) or impersonating an online campaign (SEO, Google ADS).

For our clients we perform a full verification of the brand’s rights (trade mark), we examine the patent clearance  and, on this basis, we conduct processes which secure the rights of our Clients.

Due to our specialization, we provide full support for launching tools to eliminate or limit the use of the own brand within the framework of campaigns in GOOGLE and social media (Facebook / Instagram), as well as constantly monitor the use of the brand and infringement of our Clients’ personal rights by other entities.

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    BRAND PROTECTION AUDIT

    PLN 0

    Free brand protection audit – we verify the security of your brand, including the website (domain) and provide additional information about the tools and procedures used in the protection of your brand.

    TRADE MARK REGISTRATION – POLAND

    starting at PLN 750

    Full verification of your  trademark rights, including clearance searches and trade mark claim at the Polish Patent Office (UPRP)

    TRADE MARK REGISTRATION – EUROPE

    starting at PLN 1250

    Full verification of your trade mark rights, including clearance searches and the reservation of the trade mark at the European Union Intellectual Property Office (EUIPO)

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    Why is it worth it?

    Because it’s good to follow the old saying: better be safe than sorry/ forewarned is forearmed. There is no doubt that trade mark protection has many advantages. By registering, you obtain exclusivity to use your trade mark, increase the reputation of your brand, and you can grant a paid license for the use of your trade mark by others.

    The main advantages of trade mark protection include:

    • Extensive, officially certified legal protection indicating the specific time periods in which you use the trade mark (10 years +), the territory (Poland / European Union / World) in which it is valid and all the goods / services you apply for. This gives you a significant advantage in case of litigation and the possibility to pursue claims against infringers.
    • Marketing aspects – using the „R” label symbolizes the formal right to a brand, so that you become its actual owner. R-ka increases the trust of customers and business partners and strengthens the company’s image.
    • In case you do not want another company to use your name for marketing purposes, we offer protection of the Internet domain and the possibility to block text ads such as AdWords and Facebook fan pages containing the trade mark. 
    • The possibility of securing an advertising slogan that is not copyrighted.
    • An opportunity to create a secure, legitimate franchise network.
    • Obtaining compensation for trademark infringement and monetizing on trademark licensing.
    • Possibility to indicate the goods or services that you do not yet offer (you then have 5 years to enter the indicated industries).
    • Transfer of the company’s brand rights directly to the family after the owner’s death. Without the registration, these rights disappear with the owner, which forces the family to start a new business „from scratch”.

    How much does trade mark registration (reservation) cost?

    The amount of fees primarily depends on the territories of the countries where your trade mark registration will be valid. It can only be in Poland, the European Union or selected countries of the world (there are about 100 of them in the available pool).  The costs incurred by the entrepreneur are related to both the processing of the application (filing) and the protection of the trade mark. 

    Trademark registration in Poland 

    The procedure takes about 6 months. Registration should be done at the Patent Office of the Republic of Poland (UP RP) (Warsaw). 

    • The fee for filing a trade mark application under one class is PLN 450, if the application is filed in person; or PLN 400 if the application is filed online. The fee for each additional class is 120 zł.
    • For the protection of each class for a period of 10 years, the cost is 400 zł, and for the publication of information about claiming the right – 90 zł.

    Trademark registration in the European Union

    In this case, the given figures refer to both the application and a protection period of 10 years.

    • The application of a trademark in the first class costs EUR 1,000, electronically EUR 850. 
    • The fee for the second class is EUR 50, and for each additional class – EUR 150. 

    The procedure takes between 4 and 5 months. The application is examined by the European Union Intellectual Property Office (EUIPO) based in Spain. 

    Protection extension to selected countries in the world

    If you are the owner of a registered trade name in Poland or in the EU, you can also apply for a protection extension to other, selected countries. In this case, an application should be filed with the World Intellectual Property Organisation (WIPO) based in Switzerland.

    Please note that some countries may additionally require special individual fees. 

    • Filing and protection for up to three trademark classes: CHF 903 (Swiss Franc) for a coloured mark, CHF 653 for a non-coloured mark.
    • For each class exceeding three and for each indicated country – 100 CHF.

    Word trademark or word and figurative trademark

    Choosing between a trademark and a word and figurative mark is one of the most important matters you should consider when registering. You need to know that each of these certificates includes different forms of protection.  Therefore, when making your decision, take into account your individual situation and the real needs of your company.  

    Both of the solutions have certain advantages and disadvantages. 

    A word mark protects only the word or words against aural similarity (phonetics), without regard to the graphic design (logo). Therefore, it is suitable for those situations where we only have to deal with a unique name. 

    This form of protection enables :

    • Securing the website domain,
    • Forcing another company to change its brand name, even if it is only similar to yours (also if it has a completely different logo), 
    • Blocking AdWords ads containing your brand name, as well as offers on platforms such as Allegro or OLX – without having to refer the matter to court (!),
    • Using the R symbol, which increases your prestige and trust in the eyes of consumers,
    • Easier rebranding, i.e. change of logo and graphic design without having to file a new application.

    Of course, a disadvantage in this case may be the situation in which the competition uses a similar graphic design and a different, not similar-sounding trade name – then this protection will be of little use. Moreover, in some cases obtaining consent for registration may be difficult, e.g. when we are dealing with general terms. 

    A word and figurative mark is registered when the company’s logo is unique and worth protecting. Otherwise, the abuse and misuse of similar graphics, signs, product labels, etc. can occur, leading to the impersonation of a more well-known brand and confusing consumers. 

    This form of protection enables you to prohibit the use of signs similar to your company’s graphic design. The word and figurative mark is also easier to register and is a viable alternative for businesses unable to register the name itself because it is too general. 

    However, a word and figurative mark slightly complicates a possible rebranding. When changing/updating the company logo, you will be forced to re-register it. It is often more difficult (although not impossible) to enforce rights against those companies that are similar, primarily in a phonetic context, to your brand.

    In conclusion, in many cases the most sensible solution turns out to be the choice of both forms of protection. Especially if you care about full, comprehensive protection. Only then can you be sure that both the name and the graphic design will be almost inviolable by the competition. 

    However, remember that everything depends on the individual needs of each company and the market area in which it operates. Therefore, if you are still hesitating and do not know which option suits you best, take advantage of the RPMS qualified advisors.

    What are the penalties for trademark infringement?

    Before you start promoting your name and logo, make sure it does not already exist and has not been registered with the Patent Office. Otherwise you are risking a lot. 

    The simplest and most common claim is prohibiting the further use of a registered trademark. Entrepreneurs decide on such action mainly because: it is easy to obtain and you do not require proof of fault; you incur fewer court fees because winning an injunction does not require indicating the amount of damages; and once the case is approved by the court, the court’s ruling opens the way to filing a lawsuit for financial claims. 

    Among the main repercussions of trade mark infringement is the obligation to return the unduly profits, obtained by using a name or a graphic similar to the one registered by another company. However, in such situations, we are much more likely to see a royalty, as this argumentation form is better perceived by the court. What does it consist of? The owner of a registered trademark may grant licenses for its use by other parties. Therefore, if the rights are infringed, they usually apply a claim for damages, i.e. they demand the payment of remuneration or a monetary amount, equivalent to the license fee. 

    In addition, the trade mark holder may use a number of preventive claims, such as requesting that the entity in question cease its infringing activities or that items containing the particular trade mark be withdrawn and destroyed. 

    If you want to protect your trade mark, extend the scope of an already registered mark, or exercise your rights in connection with its infringement, you have come to the right place!

    We offer a comprehensive service also in this field. We assist in choosing the best possible option, taking into account the individual situation of each client and we have been conducting proceedings on behalf of our clients from start to finish for many years.

    1. We identify the specific market areas where your brand is worth securing,

    2. We advise which class of the Nice Classification to choose. We define the industries in which your trade mark should be protected,

    3. We analyse whether the selected word and figurative mark  does not interfere with those already existing – registered trademarks,

    4. We inform you about the probability for processing the registration application: in the case of a positive evaluation, we will prepare an appropriate application for you; in the case of a negative evaluation, at this stage you will receive the information from us, avoiding the loss of official fees.

    5. By using our services, you gain time, money and professional legal advice. Not only will we prepare and submit an application on your behalf, but we will also help you to choose the optimal option and determine the realistic, precisely calculated chances for a positive registration of your trade mark.

    By using our services, you gain time, money and professional legal advice. Not only will we prepare and submit an application on your behalf, but we will also help you to choose the most optimal solution and determine the realistic, precisely calculated chances for a positive registration of your trade mark.

    We have many years of experience in the trade mark reservation procedure and intellectual property law. By entrusting your case to a law firm, which is subject to rigorous legal and corporate standards, you are guaranteed to receive services at the highest level.

    Registering a TRADEMARK is JUST THE FIRST STEP!
    OR HOW TO USE THE POTENTIAL OF THE GRANTED PROTECTIVE RIGHT

    1. Obtaining protection rights is the first step to effectively secure your brand. The next step is to regularly monitor the registered trademark on the Internet. For e-commerce, this is particularly important – competitors can often use identical or similar marks to those registered. Such activities can be observed in Internet marketing, including Google Ads and SEO activities. When a company gains popularity and gradually expands its customer base, it usually faces the problem of having their names, slogans, graphics and solutions copied.
    2. Another threat are cyber criminals – domain pirates and trolls, as well as the phenomenon known as cyberwildcatting. The latter practice involves registering as many domains as possible that contain signs that may be trademarks. Then the criminals approach the competitor’s domain holders  offering to resell the domain for an exorbitant amount of money. This is the result of not taking advantage of the most effective protection available, which is the registration of a trademark and its subsequent monitoring.
    3. How to effectively monitor your brand? You can do it on your own, using tools and programs designed for this purpose, or by using the services of a specialised legal office.

    Do you want to know more about monitoring?
    Zobacz wszystkie

    Procedura zgłoszenia i rejestracji znaku

    Registration capacity test

    We verify the ability to distinguish brands in EU and Polish databases.

    Application for registration

    We prepare application documentation to the appropriate patent office.

    Verification of the application by the office

    If there are no absolute reasons for refusal, the Office will examine the application and publish it.

    Objection period

    During this period, third parties may object to the mark applied for.

    Registration of the mark

    If the oppositions are rejected by the Office, the mark is registered.

    A RELIABLE WAY TO PROTECT YOUR BRAND ONLINE: TRADEMARK REGISTRATION

    Brand protection problems are a common phenomenon in e-commerce. On the Internet, we often encounter unfair competition. For example, someone may appropriate our name, graphics or catchy slogan, placing it in their ads or social media. The only effective way to counteract such practices is to register a trademark. Some people decide to take this step when they notice a significant increase in the recognition of their company. Others do it at the very beginning of their business. Which approach is best?

    What influences the brand's image?

    You should pay attention to the fact that the brand – which includes among others the name and logo – is the basic factor shaping the image of the company. It decides about the recognisability and identifiability of products or services provided by a particular entrepreneur. Its primary purpose is to distinguish our business from others.

    Why is it so important? Because after designing an appropriate name or graphic mark, comes the time to implement and promote them. Investment in online advertising is mainly based on the use of Google Ads, website positioning, and social media campaigns. As part of e-commerce, we always use a web domain, which (just like the name or logo) is an integral part of our brand.

    Potential risk factors

    Unfortunately, this does not mean that someone else is unable to use them. Sometimes goods and services are marked in an identical or very similar way by different entrepreneurs within the same industry. There may be various reasons for such a situation. Frequently, it is due to the choice of quite obvious, schematic solutions based on associations. As a result, two or more brands, sharing the same or similar trademark, can appear on the market.
    The prevalence of this problem is due to ignorance and lack of awareness of the applicable law. Many entrepreneurs do not verify whether a name is already used or registered. Some check it only via an Internet search engine – and that gives virtually no guarantee that the name is not used by someone else. The consequences of such an oversight can be very severe, as described later in this article.

    What parameters for selecting a badge and label?

    First of all, paying for a domain does not give you a first monopoly on its use. The description of the contract with the operator is often „acquis law, it means the description of the property rights, it means the description of the property rights, it has the intellectual property right, it has the property right, and the law of ownership is . It also applies to names and logos that define them – by regulating them, we automatically become their owners. We created the rights to this type of markings when we ordered them, we created them at the Patent Office.

    Therefore, before setting up a business (company) or buying a domain, it is worth having them verified by professionals and check whether you have to be reserved by the entity under a given selection and services. A company from someone else, such as an entrepreneur investing in the legal consequences, such as an entrepreneur:

    • The obligation to change the brand name and rebrand – will not only be costly and problematic, but also viewed poorly by the customer. Consumers are accustomed to certain names and layouts, they are looking for specific products from a specific company, so a change in branding will work to the entrepreneur’s disadvantage.
    • Prohibiting the use of a particular domain name – all fees related to positioning, advertising, or preparation of a logo and graphic design on the website will be forfeited. This is particularly harsh when it concerns e-shops generating significant revenue due to their high search engine position. After another company claims the name, the trademark infringer receives a cease and desist notice and often also a demand to hand over the domain.

    As you can see, the results of not verifying a brand name prior to starting a business can be very costly. The investment in promotion and advertising is wasted and we lose the rights to use the already promoted domain and name. How to prevent such a situation? To avoid problems, seek a professional trademark protection audit carried out by, e.g., RPMS legal office.

    Be cautious of descriptive names

    Choosing descriptive names that cannot be monopolized is another mistake entrepreneurs make. Registration with the Patent Office does not apply to any kinds of markings clearly indicating goods or services related to the industry they operate in. This category includes words and word compilations used on an everyday basis, e.g. Light beer, kredyty24.pl, Sweets, Financial advisor etc. Reserving them would lead to many ridiculous situations.

    If the company name is descriptive and cannot be registered, an alternative exists: registering a word and figurative mark. Provided that the used graphic sign is original enough to be clearly distinguishable from the logos of other companies operating on the market.

    With descriptive names, it is also necessary to mention certain exceptions that have acquired the so-called secondary distinctiveness. We are talking about marks which are so recognisable that the majority of recipients associate them with a particular entity. Secondary distinctiveness may be observed in such names as LOT, Poczta Kwiatowa or eObuwie. Obviously, only the most popular companies existing on the market for years or investing in widespread marketing have such an opportunity.

    Effective security measures - role in e-commerce

    Running an online business brings about both opportunities and threats for today’s entrepreneurs. On one hand, the Internet is an ideal place to promote goods and services. It gives the opportunity to reach a wide audience on a local, national and global scale. On the other hand, it is a platform for cybercriminals and unfair competition, which can quickly undermine the efforts and success of entities in any industry.

    The only way to avoid such problems is to legally protect your brand. Preferably, at the early stages of your business. Verification of the name or logotype, registration in the Patent Office and further monitoring of protected trademarks is the best way to guarantee your company stability and smooth development.

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      Verify a trademark for free
      The data provided in the form will be processed by the RPMS Law Firm based in Poznań for the purpose of processing the application and in accordance with the rules contained in Privacy Policy.

      What You Need To Know About Trademarks (FAQ)

      A trademark is any sign that can be represented graphically to distinguish the goods and / or services of enterprises on the market. Most often, the trademark is a name, logo or graphic.

      In order to register, you must submit an application with a list of goods and services and pay for the application. If third parties do not object to the trademark within 3 months, the Office will issue a conditional decision granting a protection right and send a protection certificate. The protection right is granted for 10 years.

      Two databases can be used to verify registered trademarks: eSearch plus and TMview. These databases contain information on applied for, registered and expired trademarks. When checking marks, account must be taken of the status, filing date and territory.

      The cost of registering a trademark for Poland – application: PLN 450 + PLN 120 (for each subsequent class) protection : PLN 400 + PLN 90 (protection and publication).
      Cost of registering a trademark for the European Union – application and protection: 850 euros + 50 euros (fee for the second class).

      The trademark process consists of:

      • setting the purpose and object of the valuation,
      • collecting the necessary data for the valuation,
      • analysis of the received data and factors influencing the brand and trademark value,
      • preparation of the pricing model,
      • presentation of results and submission of valuation report.

      A trademark is also known as a trademark. In particular, a trademark may be: a word, a drawing, a color composition, a spatial form, including the form of goods or packaging, as well as a melody or other sound signal.

      • A natural person not running a business
      • Entrepreneur (m ia: natural persons running a business, civil partnerships, commercial companies, cooperatives and associations.) < / li>
      • State Treasury

      • Word marks
      • Picture (graphic) characters
      • Spatial characters
      • Colors
      • Holograms
      • Moving characters
      • Positional characters
      • Gestures
      • Sound marks
      • Scent marks
      • Tactile characters
      RPMS Law Office
      Staniszewski & Partners

      St. Polska 114
      Poznań 60-401