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.
No. Periodic statement of use or any filing that will prove the use of mark is not needed.
Yes. Poland is a member of the Madrid Agreement and the Madrid Protocol.
The opposition period will start on the date the application was published and will end three months after that date.
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
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)
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. 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
No. Use or intent to use is not necessary for registration.
The trademark national office of Poland is available at: http://www.uprp.pl/