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Trademark Registration Procedure In Poland

Trademark Registration Procedure in Poland

Michał Madaj

Michał Madaj

13 October 20233 min read

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Why is it worth registering a trademark?

A trademark is any sign that allows consumers to identify services and/or goods and then assign them to a given manufacturer. For this reason, every entrepreneur who wants to develop their business should register their trademark as soon as possible. Apart from such obvious issues as protection against impersonation, trademark registration also provides many more benefits, such as building and strengthening the brand image.

In this entry, we will help explain what it looks like and how long it takes to register such a mark in Poland.

The trademark registration process

The procedure itself should be divided into three main stages:

- Before filling the application

- After filling the application

- After accepting the application

Before filing a trademark application with the Patent Office

The first stage, taking place before filing a trademark application with the Polish Patent Office, focuses mainly on the activities of the entity interested in filing a trademark application. Of course, the mark itself must be prepared and then checked whether such a mark has not already been registered by another entity. The second phase may generate some difficulties - however, it is worth contacting a professional to examine the registrability of the trademark.

The first stage closes with the selection of commodity classes from the 45 available in the Nice classification. The TMclass website can help you check what class the goods/services related to the applied for trademark belong to.

After filing a trademark application with the Patent Office

This stage can only open in one way - by submitting a correctly completed application for registration of a trademark to the Patent Office of the Republic of Poland and paying the required fee. Such an application can be submitted independently or through an intermediary patent attorney. It is also the last activity performed by the entity submitting the mark, after which the ball goes to the PPO.

Immediately after receiving the application, the Office examines it from a formal and legal perspective and, at the same time, makes information about the application publicly available so that other entities can read it and submit any comments.

The research stage, apart from the zone indicated above, also includes purely substantive issues that are examined after the Office confirms the formal correctness of the application. It is then confirmed whether the mark can or cannot be registered due to, for example, being part of a category of signs excluded from registration. In total, the entire procedure, including both formal and substantive research, takes from 2 to 4 months.

If the Office does not find any grounds preventing the registration of the mark, its application is announced in the Bulletin of the Patent Office of the Republic of Poland.

From the moment of announcement, within three months, other entities may raise objections to a given registration. If the opposition is found to be justified, the Office will refuse to register the mark.

After accepting the application

If the said opposition does not appear or is rejected due to its groundlessness, the applied mark is registered. When this decision becomes final, the Office will enter the given trademark in the trademark register, which is public. It is how the registration process ends, but it does not end the obligations related to maintaining the validity of the trademark. Regular market monitoring to look for newly filed trademarks that pose a risk of confusion, as well as the requirement to renew the validity of the trademark every ten years after its registration - are essential elements to maintain the strength of any strong trademark.

Registration assistance

Anyone who thinks they need it can register a mark. He can do it himself, but the procedural machine is something that can cause problems for anyone. Therefore, a more recommended method is to register the mark through qualified patent attorneys. You will find such help at https://www.trademarkia.pl/ , where we will be happy to guide you through the entire process professionally and effectively.


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FAQs

How many years does trademark protection last in Poland?

10 years from the date of filing the trademark with the Polish Patent Office. To extend the protection of the mark for another 10 years, the required fee must be paid to the Office's account within the deadline specified by law.

Who can take action before the Patent Office of the Republic of Poland?

This can be done by a person interested in registering a mark, either on their own or by using the services of various types of professionals in this field - especially patent attorneys.

In how many classes can a trademark be filed?

The Nice Classification has 45 classes, of which the first 34 classes refer to goods and the remaining 11 are service cash registers. It is in the area of these classes that one chooses which of them the goods and/or services related to a given trademark belong to.

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