Global Trademark GO - Poland——Introduction to Polish Trademark Application

The trademark law currently implemented in Poland was promulgated on January 31, 1985 and came into effect on July 1, 1985. Trademarks adopt the trademark protection principles of the registry, but the first user has certain rights. Poland can accept registration applications for commodity trademarks, service marks and collective trademarks. At the same time, the international treaties and organizations related to trademarks that Poland has joined include the "Protection of Industry" Paris Convention on Property Rights, Madrid Agreement on the International Registration of Marks, Madrid Protocol, Nice Agreement and the World Intellectual Property Organization.

In Poland, you can apply for registration of word trademarks, graphic trademarks, location trademarks, sound trademarks, color trademarks, pattern trademarks, sports trademarks, multimedia trademarks, hologram trademarks, etc.

1. Trademark authority:

• Polish Intellectual Property Office
• English: Patent Office of the Republic of Poland, abbreviation: PPO
• Website: Trademarks | Patent Office of the Republic of Poland (uprp.gov.pl)
• Trademark search: Wyszukiwarka prosta (uprp.gov.pl)

2. How to apply for trademark registration:

• Paper submission; electronic submission

3. Trademark registration application language:

• Polish

4. Documents required for trademark registration application:

• Trademark pattern
• List of goods and services
• Proof of application fee payment
• The priority document and its certified Polish translation can be submitted within 3 months from the filing date.
• The power of attorney can be submitted within one month from the date of application.

5. Polish trademark registration application process:

• The PPO will conduct a formal review after receiving the trademark registration application, and within the next 2 months, the trademark application will be disclosed in the electronic search engine EUEUP. If there are no obstacles, the application will be announced in the Trademark Gazette. If there is no objection or a decision is made on the objection within 3 months, the PPO will conduct a substantive review (including relative reasons and absolute reasons). After passing the review, the trademark will be approved for registration. .

6. Trademark cancellation

• If a trademark is not used within five consecutive years after registration, any person may request cancellation of the trademark.

7. Trademark objections

• The time limit for filing objections to Polish trademarks is 3 months after publication of the trademark.

8. Authorization, validity period and trademark renewal

• The payment period for the official authorization fee for a Polish trademark certificate is three months after the decision to grant protection rights is delivered. Polish trademark rights are valid for ten years from the date of filing the application with the Polish Patent Office. Can be renewed unlimited times. Renewal fees must be paid within 12 months before the registration period expires. Renewal is possible up to six months after the renewal expiry date by paying an additional fee.

9. Average time for trademark authorization

• If the registration goes smoothly, the average time for trademark registration in Poland is 18-24 months.

10. Madrid registration

• When submitting a response to a provisional rejection of an international registration in Poland, the applicant can respond 5 months after receiving the notification of rejection and request an extension; after submitting the response, the applicant can choose to request an amendment or appeal against the provisional rejection decision.