Registering a Trademark in Poland

In Poland, trademark protection is granted by the Polish Patent Office. Entrepreneurs, business owners or any other persons interested in obtaining a trademark registration in Poland must submit a special application. A trademark can be protected in Poland  either through the country’s regulations, either thourgh international laws. 

Quick Facts
Types of trademarks	Words (including personal names) Letters, numerals Colours, sounds 3D shapes A combination thereof
Multiple class application	Yes
Pre-application trademark availability verification	Yes
Language of the trademark application	Polish
Minimum filing requirements	Submit the filled-in request Provide a representation of the trademark and the goods and services it will be used for Pay the filing fee
Mandatory trademark representation	Yes
Trademark registration fee	Approximately PLN 450 for s first class filing Additional class fees and a publication fee apply
Time to complete the trademark registration (approx.)	6 months
Trademark application through local representative	Yes, with our help
Power of attorney requirements	Yes
Opposition period	3 months from the publication of the trademark
Trademark validity	10 years from the filing date
Trademark renewal conditions	Subject to filing a renewal request and the payment of the relevant fees
Conditions to revoke the trademark	If not used within 5 years of its registration If it does not satisfy the condition for distinctiveness and other conditions When the holder is a legal entity that was deleted from the relevant register The trademark protection expires or when other cases concerning eligibility and collective trademark use apply
Assistance for trademark application	Yes, upon request
Laws governing trademark protection in Poland	– The Act of June 30, 2020 – Industrial Property Law, – The Regulation of the Prime Minister of December 8, 2016, – regulations of the Council of Ministers
Documents required for filing a trademark application	– application file, – copies of the trademark model, – documents for the use of collective marks, – authorizations for the use of other trademarks, etc.
Guidelines for trademarks	– must be unique and distinct; – not depict origin, quality, value, purpose, or manufacturing process; – not include someone's likeness without consent; – not be contrary to public order or morality; – not include flags or symbols of international organizations.
Grounds for trademark refusal	– generic elements used in trade, – words commonly used in everyday language, – misleading trademarks, – country, cultural, religious or patriotic symbols used.
Trademark infringement	Trademarks that are identical or similar, especially when used for similar goods or services, may be subject to copyright infringement; Our Polish lawyers can assist in this case.
Process of registering a trademark in Poland	– research the already existing trademarks, – select trademark type, – specify the classes of goods or services, – file trademark application, – prepare necessary documents, – wait for examination and publication
Trademark registration fees	450 PLN with an additional 120 PLN for each class of goods added
Extension and security fees	Our lawyers in Poland advise paying the extension and security fees to maintain the legal rights and exclusivity associated with your registered trademark.
Publication of trademarks	If accepted, the trademark will be published in the Official Gazette (Biuletyn Urzedu Patentowego).
Trademark application through power of attorney (YES/NO)	YES
Documents language	Polish only
Grace period after trademark expires	You have a six-month grace period starting from the date when the trademark has expired.
Nice Classification system used (YES/NO)	YES
European and international registration	Trademarks registered at OHIM in Alicante are protected throughout the EU; International trademark registration can be done in Geneva, at the International Bureau of WIPO.
Why register a trademark in Poland	– exclusive rights, – legal protection, – brand recognition, – asset value, – possible license and franchise, – international protection, – competitive advantage, etc.

What are the elements that can be registered as trademarks in Poland?

Signs registered as trademarks in Poland must have certain features that distinguish them from existing ones. Any graphic sign or a sign than can be represented graphically can be registered as a trademark. Some examples for trademarks are:

• words;
• designs;
• ornaments or combinations of colors;
• three-dimensional shape of goods or their packaging;
• melodies or other acoustic signals.

How much trademark protection lasts in Poland?

Trademark protection in Poland lasts for 10 years after the filing date and can be extended (upon request) for another 10 years. For more detailed information it would be advisable to search for the advice of an attorney in Poland.

What is the legal base of trademark protection in Poland?

The main laws that govern trademark protection in the country are:

• the Act of June 30, 2020 – Industrial Property Law, with its subsequent amendments;
• the Regulation of the Prime Minister of 8 December 2016 on the filing and the examination of trademark applications;
• the Regulation of the Council of Ministers that serves as an amendment to the regulation on the fees related to the protection of trademarks, inventions, utility models, etc.

What are the necessary documents for registering a trademark in Poland?

When the application is filed, a request must be made in which the applicants are identified and the trademark is defined. A priority document together with  certain copies of the trademark must be submitted, according to its type (clear prints if the trademark is a drawing, sign, designs, etc. color claims, if applicable, or recording tapes for sound trademarks).

Are there any distinctive trademarks in Poland?

Distinctiveness is the most important characteristic of a new trademark that is to be registered in Poland. Any natural or legal persons in Poland can apply for trademark protection, provided that the chosen trademark meets the following criteria:

• it distinguishes from other trademarks and it also distinguishes the goods and services of the Polish company;
• does not depict the origin, quality, value, purpose or manufacturing process;
• does not infringe a third parties’ personal rights;
• it is not contrary to the public order or morality;
• it should not incorporate the Polish flag or other flags as well as international organization symbols.

Can foreign businesses register trademarks in Poland?

Foreign persons and legal entities may obtain trademark registrations in Poland. The key points concerning the registration process for foreign individuals and companies include:

• individuals and companies from EU Member States are normally entitled to file trademark applications directly with the Polish Patent Office;
• non-EU companies might require designation of a representative authorized to represent them before the Polish Patent Office;
• it is common for foreign enterprises to register their trademarks in Poland prior to doing business there and expanding in Europe;
• international trademark protection can also be sought via the Madrid Protocol managed by the World Intellectual Property Organization.

Are there any possible refusals criteria for trademark registration?

Trademark registration in Poland is not granted for those that are considered generic. The main grounds for refusal include:

• Solely generic elements used in trade;
• Words that have become part of daily/colloquial use;
• Misleading trademarks;
• Symbol of the country;
• Other symbols.

How is the classification of trademarks applied in Poland?

Applications for trademarks registration in Poland are made using the Nice Classification system, which involves dividing products and services into 45 classes. The following are included in the system:

• Classes 1-34 for goods;
• Classes 35-45 for services;
• Registration of a trademark in one or more classes;
• Extra charges per each additional class added to an application.

What are the trademark protection costs in Poland?

The services offered by the Polish Patent Office for the protection of trademarks as well as inventions and others are subject to one-time fees and periodic fees, as applicable. The one-time fees for trademark protection are exemplified below:

• 450 PLN: the fee for filing a trademark protection form for one class of goods;
• 120 PLN: the applicable fee for each additional class of goods for which trademark protection is required;
• 200 PLN: for the conversion of a Community trademark into a national application; each additional class of goods costs another 150 PLN;
• 80 PLN: the fee to reinstate the application deadline when failure to meet the prescribed time was due to extraordinary circumstances; 
• 100 PLN: the fee for the request to reconsider the submission, in connection with the issued decision;
• 100 PLN: for the issuance of a duplicate protection certificate;
• 60 PLN: the fee applicable for extracts from the register (for the current legal status).

If you need legal consultancy regarding trademarks, patents, designs, domain names and other rights or are interested in certain aspects of property protection in Poland, please contact our lawyers in Poland. Our team can also help you set up an LLC in Poland.