Trademark Search in Poland

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Frequently Asked Questions
Is there a time frame for filing for a trademark registration?

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.

If I register my trademark in Poland, do I have protection in other territories?

No. The mark will be protected only in Poland.

Do I need to sign a Power of Attorney?

Yes. A power of attorney is necessary to complete an application.

Are there any benefits from a pre-filing use of the trademark?

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.

Will there be problems in case I don’t use my trademark after registration?

Yes. Non-use of a registered mark is a valid ground for revocation.

What are the types of trademark that can be registered in Poland?

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
What are the phases of application after a trademark has been filed in Poland?

The sequence of the application process is as follows: 

  1. Examination – Once the application was submitted to the trademark office, it will be examined according to its: formality, deceptiveness, classification, descriptiveness and distinctiveness.
  2. 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.
  3. 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.
What type of trademark is not registrable?

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 
Does Poland use the "Nice Classification" system?

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.

Does the Community Trademark apply for Poland?

Yes. Community Trademark is effective in Poland. Note that Community Trademark has now changed its name to European Union Trade Mark (EUTM).

Is there any possibility to claim priority in Poland?

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
What do I need to do to satisfy the use requirement?

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.

Once my trademark has been registered, for how many years will be valid?

The mark will be valid for 10 years counting from the date of application.

What will be the renewal date of my trademark?

The first renewal of the mark will occur ten years from the filing of application date.

Is it legal to use my trademark even if it is not yet registered?

Yes. It is legal to use a mark for goods/services even if it is not yet registered.

Does having a registered trademark in Poland give me any right?

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.

What is the web address of the trademark national office?

The trademark national office of Poland is available at:

Is there any need to use my trademark before I apply for registration?

No. Use or intent to use is not necessary for registration.

Can a Trademark Application be opposed?

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
Who can contest my trademark registration?

A trademark’s registration may be challenged by the following parties: 

  • Any interested or aggrieved party
  • Owners of an earlier registered mark
  • Exclusive licensees
Is it possible to cancel a registration?

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)
Are there any rights established by having a registered trademark?

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
How long is the opposition period?

The opposition period will start on the date the application was published and will end three months after that date.

Is Poland a member of the Madrid System?

Yes. Poland is a member of the Madrid Agreement and the Madrid Protocol.

Do I need to present periodic statement of use?

No. Periodic statement of use or any filing that will prove the use of mark is not needed.

When should I renew my trademark?

The mark must be renewed every 10 years from the date it was last renewed.

What will be the renewal date of my trademark?

The first renewal of the mark will occur ten years from the filing of application date.

Is there any documentation that should be presented when renewing a trademark?

A power of attorney will be needed to renew a trademark.

If my trademark expires, do I have a grace period?

A 6-month grace period is available counting from the date the mark has expired.

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