Trademark registration in Poland is the best way to protect your brand. Properly executed trademark registration enhances the value of your business and equips you with an effective tool to combat criminals and unfair competition. It safeguards against actions such as brand theft and impersonation in online campaigns.

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    What is a trademark?

    A trademark is any symbol used to distinguish the products or services of one company from another. Most often, it will be the name or logo of a business.

    You can find the precise definition of this term in Article 120(1) of the Industrial Property Law, according to which:

    (…) it is any recognizable sign, pattern, or expression that distinguishes the products or services of one entity from those of another. Such a designation must be representable in the trademark register to allow for clear and precise identification of the scope of the protection granted.

    Trademark registration allows you to protect your brand from unauthorized use by competitors and third parties. It enhances brand recognition, sets your products and services apart from the competition, and gives your brand the distinctive ‘R’ symbol, which is associated with global business giants like McDonald’s and Coca-Cola.

    How to check if a trademark is reserved?

    Verifying the rights to a trademark is the first step in the trademark registration process in Poland. Unfortunately, we must disappoint you: a simple Google search won’t suffice. Assessing the protectability of a trademark is often a lengthy and complex procedure. Therefore, most individuals seek assistance from trademark professionals.

    To determine whether a designation has already been registered, you should utilize the EUIPO service, which provides trademark search tools. These databases contain information about filed, registered, and expired trademarks, such as eSearch Plus and TMView.

    For trademark registration in Poland, the best source is the search engine on the website of the Polish Patent Office.

    If you wish to independently check whether a name or logo is already registered, pay attention to:

    • The trademark’s registration classes.
    • The geographical area where protection applies.
    • The type of designation.

    Searching through these databases can be challenging for individuals without experience, which is why most entrepreneurs seek the assistance of law firms or patent attorneys.

    Take advantage of our complimentary initial trademark verification service.

    What can be registered as a trademark in Poland?

    A trademark in Poland can include the name or logo of your brand, among other elements. Trademarks can take various forms:

    • Wordmarks (e.g., a company name, internet domain).
    • Logos (graphic marks).
    • Combined word and graphic marks.
    • Three-dimensional marks.
    • Sound marks.
    • Motion marks.
    • Holographic marks.
    • Color or color combinations.

    Word and graphic combined marks are most commonly registered, as they provide the strongest protection.

    Contact us to determine if your mark is eligible for registration. We will conduct an audit and verification of your designation. Remember that the scope of protection should be fully tailored to your business needs.

    To undergo trademark registration in Poland, the designation must be:

    • Capable of clear, objective, and precise representation.
    • Perceptible through human senses (sight and hearing).
    • Uniform, meaning not overly complex and easily legible.
    • Independent from the designated goods or services, meaning the mark itself cannot be the actual product or a part of it.

    Additionally, the mark should have a distinctive character, enabling the differentiation of one company from another. It should not directly describe what you sell. In Poland, descriptive names that cannot be monopolized are excluded from registration. This includes designations that unambiguously point to products or services within their respective industry, such as everyday terms like ‘dark beer,’ ‘candies,’ or ‘financial advisor.’

    Documents required for registering a trademark in Poland

    Both individuals and legal entities can apply for trademark registration in Poland. The essential documents needed for trademark registration include:

    • A completed application form.
    • A copy of the proposed mark.
    • Proof of application fee payment.
    • A power of attorney for document submission or case representation (if using an attorney).
    • Any other necessary documents.

    The initial step involves submitting an application, including the applicant’s details and a trademark description. The application should also include additional information such as the goods for which the mark is intended, regulations governing the mark (if it’s a collective or certification mark), and a power of attorney if you are acting through a representative. The application must also include copies of the trademark, which may consist of clear prints if the mark is a drawing, a logo, or a graphic design.

    How does the trademark registration process work in Poland?

    In Poland, trademark protection is granted by the Polish Patent Office. Business owners, company proprietors, and anyone interested in trademark registration in Poland must file a specific application. Each designation can be protected in Poland based on:

    • National regulations.
    • International law.

    Trademarks registered with the European Union Intellectual Property Office (EUIPO) receive protection throughout the European Union. As Poland is a member of the European Union, registration with the EUIPO also grants trademark protection in Poland.

    Therefore, when considering trademark protection, consider the territory in which it should be valid. Depending on your needs, this could be Poland, the European Union, or select countries worldwide.

    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.

    Registration with the Polish Patent Office or EUIPO?

    The registration process with the Polish Patent Office (Urząd Patentowy RP) and the European Union Intellectual Property Office (EUIPO) proceeds almost identically. The primary difference is that through EUIPO, you can register a trademark using the FastTrack procedure. Additionally, registering throughout the entire European Union is generally more costly than within the territory of Poland.

    FastTrack is an option that allows you to secure trademark protection in as little as three weeks from the date of application. However, it’s important to note that not all designations qualify for this mode. Many do not meet the procedural requirements, necessitating their submission through the standard procedure.

    Will FastTrack be possible in your case? Contact us, and we’ll help you determine your eligibility.

    Trademark registration costs in Poland

    How much does trademark registration cost in the Polish Patent Office (PPO)?

    • Application fee for one class of goods: PLN 450.00.
    • Application fee for each additional class of goods: PLN 120.00.

    Cost of protection, which must be paid around 5-6 months after the trademark application is submitted to the PPO:

    • A 10-year protection period fee for each class of goods: PLN 400.00.
    • Publication of information about the granted protection right fee: PLN 90.00.

    Trademark registration with the PPO exclusively covers the territory of Poland. If you wish to secure protection throughout the European Union, registration with EUIPO is necessary. How much does it cost to register a trademark in the European Union?

    • The basic fee for an individual EU trademark application: EUR 1,000.
    • The basic fee for an individual EU trademark application filed electronically: EUR 850.
    • The fee for a second class of goods and services for individual EU trademark applications: EUR 50.
    • The fee for each additional class of goods and services beyond the second class for individual EU trademark applications: EUR 150.

    The European Union Intellectual Property Office (EUIPO) procedure in Spain typically takes 4 to 5 months.

    Trademark registration with RPMS

    If you’re planning to secure a trademark or expand the scope of an already registered brand, you can benefit from our law firm’s assistance. We offer comprehensive support for trademark registration in Poland. We will guide you through the entire process, from start to finish:

    • We will help you pinpoint the market areas where protecting your brand is essential.
    • Our team will recommend the appropriate classes and industries for registering your trademark.
    • We’ll verify and analyze whether your name or graphics bear any significant resemblance to existing trademarks.
    • We’ll inform you about the likelihood of a successful registration. If the odds are favorable, we’ll assist you in filing the application and preparing the necessary documentation. We will notify you well in advance if the chances are low to save you from incurring official fees.
    • We will handle the entire trademark registration process on your behalf. Our team’s Patent Attorney or Legal Counsel will prepare and submit the application to the Polish Patent Office or EUIPO. Subsequently, they will obtain the protective certificate for your brand.

    Why choose RPMS for trademark registration in Poland?

    • We have years of experience in trademark registration, industrial design registration, and intellectual property law.
    • Our experts will assist you in selecting the most suitable protection approach.
    • Top-notch legal professionals who adhere to strict corporate standards will assess your registration prospects.
    • With our support, you will ensure complete legal protection for your brand, securing your company’s stability and uninterrupted growth.

    Trademark monitoring with RPMS

    The registration process is more effective and straightforward with professional assistance. However, obtaining a trademark certificate is the first step in safeguarding your brand.

    Subsequent actions, such as trademark monitoring and addressing infringements by unfair competitors, are of immense significance.

    RPMS Law Firm assists business owners in leveraging the full potential of the granted protection. To achieve this, we conduct regular monitoring of the registered mark. This is especially crucial in the e-commerce industry, where competitors often utilize names, graphics, domains, and advertising slogans similar or identical to those already registered. Such actions violate the law, yet they are still prevalent in online marketing, Google Ads campaigns, and SEO activities. Another potential threat comes from domain pirates and trolls or cyber wildcatting (mass registration of domains containing designations that could be trademarks, followed by offering them for resale to the owner or competitors for exorbitant amounts).

    If you wish to protect your brand from theft and unfair competition, make use of trademark registration with RPMS. First, we will obtain the appropriate protective certificate for you. Subsequently, we will monitor, verify, and address any infringements of your brand by third parties.

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    Staniszewski & Partners

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