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It will take an estimated time frame of 6 – 8 months from filing the application up to registration. Expect a longer time frame and more tedious procedure for applications that have obstacles.
No. The mark will be protected only in Poland.
Yes. A power of attorney is necessary to complete an application.
Yes, but the benefits are minimal since rights are primarily established through registration. Pre-filing use may enable the applicant to show the mark’s distinctiveness and use it to defeat third parties opposing on the ground of non-distinctiveness.
Yes. Non-use of a registered mark is a valid ground for revocation.
You may register any mark that can be replicated graphically and any sign that can add distinguishing qualities to a good or service. It can be a:
- Name
- Word
- Motion
- Hologram
- Device
- Shape (with 3 dimensions)
- Slogan
- Colour
- Sound
- Trade-dress
The sequence of the application process is as follows:
- Examination – Once the application was submitted to the trademark office, it will be examined according to its: formality, deceptiveness, classification, descriptiveness and distinctiveness.
- Publication – The application details will be published online and in print for the public to see. Publication will allow third parties to challenge the application. Particulars that will be published include: mark, goods/services, number and date of application, name and address of applicant, priority claim, and class number.
- Registration – Once the prosecution procedure is done, the oppositions are overcome, and if there are no other grounds for refusal, the registration will then be issued by the authorities.
The following marks are prohibited from registration:
- Marks that are in conflict with standards of moral and public order
- Marks that consist of general words or terms that have broad meaning
- Marks that contain flags, symbols and names of international organizations, regions, states and nations without authorization from its respective authorities
- Marks that lack acquired distinctiveness
- Marks that serve principally as a name of a geographic location
Yes. Poland uses the Nice Classification system. A single application is needed to cover multiple classes of goods/services; if the mark will be used for more than one class of goods/services.
Yes. Community Trademark is effective in Poland. Note that Community Trademark has now changed its name to European Union Trade Mark (EUTM).
Yes. It is possible to claim the filing date in your home country as the filing date in Poland provided that:
- Your home country is a member of the Paris Convention
- The filing date in your home country does not exceed 6 months from the date of application in this jurisdiction
The mark must be continuously used for a period of 5 years. The amount of use is not specified by law but use must occur in Poland.
The mark will be valid for 10 years counting from the date of application.
The first renewal of the mark will occur ten years from the filing of application date.
Yes. It is legal to use a mark for goods/services even if it is not yet registered.
It is a requirement for owners to register their trademark if they want to establish rights. The “first to file” rule is effective in Poland.
The trademark national office of Poland is available at: http://www.uprp.pl/
No. Use or intent to use is not necessary for registration.
Yes. The application may be opposed on the following grounds:
- Breach of copyright
- Registration of mark under the agent’s name instead of the owner of the mark
- Rights in trade names
- Rights in registered designs
- Rights in personal name
A trademark’s registration may be challenged by the following parties:
- Any interested or aggrieved party
- Owners of an earlier registered mark
- Exclusive licensees
Yes. A registered mark may be cancelled on the following grounds:
- Conflicts with an earlier registration (proprietary rights)
- Mark is descriptive, misleading, disparaging, deceptive, functional, or generic
- Mark is in conflict with a registered design or a personal name
- Mark is against public policy and principles of moral
- Mark is in conflict with trade names
- Mark is in conflict with well-known marks
- Mark is in conflict with protected emblems, flags and armorial bearings
- Marks is registered in agent’s name
- Mark has a geographical indication
- There is breach of copyright
- Unmet Section VIII.A. Use Requirements (consult us for more details)
Yes. Registration of your mark helps you secure the following rights:
- Exclusive rights to use and benefit from the mark
- Rights to challenge succeeding conflicting applications
- Rights to take an action to cancel succeeding conflicting registrations
- Rights to take a legal action against third parties for infringement
- Rights to obtain damages or payment from third parties for infringement
- Rights to authorize or license third parties to use the mark
- Rights to appeal for confiscation of counterfeit imported goods
The opposition period will start on the date the application was published and will end three months after that date.
Yes. Poland is a member of the Madrid Agreement and the Madrid Protocol.
No. Periodic statement of use or any filing that will prove the use of mark is not needed.
The mark must be renewed every 10 years from the date it was last renewed.
The first renewal of the mark will occur ten years from the filing of application date.
A power of attorney will be needed to renew a trademark.
A 6-month grace period is available counting from the date the mark has expired.