- European
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trademark law
The current trademark law in Poland was promulgated on January 31, 1985 and came into effect on July 1, 1985. Transitional provision: The rights granted under the old law (Law of March 28, 1963) shall remain in effect. The provisions of the new law apply to legal acts related to trademarks that were concluded after July 1, 1985. The usage regulations only apply to trademarks registered after July 1, 1985. Poland adopts the principle of prior registration for trademark protection, but the first user is granted certain rights.
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Trademark type
At present, the Polish Intellectual Property Office adopts the Nice Classification 11th edition for the description of goods and services, and can accept applications for multiple categories of one standard.
The elements that can be registered as trademarks in Poland include: text, letters, numbers, images, slogans, color combinations, three-dimensional shapes, sounds, etc. -
Duration
The Polish trademark is valid for 10 years after registration, starting from the date of application; Renewal can be processed within 6 months before the expiration date, with a grace period of 6 months; The renewal is valid for 10 years. If a trademark is not used for five consecutive years after registration, any interested party may apply to revoke the registered trademark.
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cancellation of a trademark
When applying for renewal registration, if the applicant finds that their trademark has been revoked or declared invalid, they can provide preliminary evidence of the revocation or invalidity of the trademark, or apply for cancellation within three months from the date of revocation or declaration of invalidity of the trademark.
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trademark infringement
When the applicant discovers that someone else's trademark is identical or similar to their own during the use of the trademark, they may raise an objection to the local industrial and commercial department. If the objection is not established after the announcement, the applicant may continue to use the trademark. At the same time, it is necessary to collect evidence of trademark use.
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precautions
1. The documents submitted by the applicant must be genuine and valid, and the applicant can be a natural person or a legal entity. Natural persons are required to provide a copy of their resident ID card or passport, while legal persons are required to provide a copy of their business license.
2. Notes to be taken into account when applying for a Polish trademark: the trademark name must not be the same or similar to an existing or registered trademark, must not contain a place name, and must not contain a generic name related to goods/services.
3. The selection of trademark categories and goods/services should be comprehensive.
4. Polish trademarks must be registered within one year after successful application, otherwise they will be considered abandoned.
1. Single country registration
2. Madrid International Trademark Registration
The applicant submits a registration application to the Polish trademark authority, fills out the application form, and provides the trademark design.
The Polish Trademark Office conducts formal and substantive examinations on submitted trademark registration applications.
If no reason for rejection is found after examination of the trademark application, it will be published in the official trademark announcement. The announcement period is 3 months. If an objection is raised, the applicant must submit an objection to the Trademark Office within 30 days from the date of receiving the objection notice. Otherwise, the application will be deemed abandoned and rejected.
If no objection is raised during the announcement period or the objection is ruled to be unfounded, the trademark shall be approved for registration and a registration notice shall be published, and the applicant shall be issued a trademark registration certificate. The applicant shall submit relevant registration materials within 6 months from the date of application, in accordance with the prescribed form requirements. If the applicant is unable to submit the application materials within the prescribed deadline, a late fee must be paid.
Within 12 months before the expiration of the trademark validity period, the applicant may apply for renewal of the trademark. If the renewal procedures cannot be processed during this period, a grace period of 6 months can be granted. If the renewal procedures are not completed within the grace period, the trademark will be cancelled. If the renewal procedures are not completed upon expiration, the Trademark Office will consider it as giving up the application for trademark exclusive rights based on the original design.
1. Apply as a legal entity, attach a copy of the Business License or valid registration certificate stamped with the official seal; Apply as a natural person with a copy of personal identification document stamped with official seal or personal declaration;
2. 5 trademark designs (stamped with the applicant's official seal), requiring clarity and specifications of at least 10x10cm; If applying for goods/services, one trademark design must be provided for each category; If the trademark is in color, which color must be specified? If a color is specified, there is no limit to the color;
3. 1 copy of trademark registration application;
4. One power of attorney signed by the applicant;
5. The goods or services that are applying for protection. If the goods or services applied for protection exceed the scope of the trademark rights previously registered, an indicative statement needs to be attached to the trademark. Please consult our trademark consultant for specific instructions.
Note: Natural or legal persons who do not have a domicile, main place of business, or a genuine and valid business enterprise in Poland must entrust a specialized agent in that country to handle the matter.
