Fees associated with filing trademark applications in Poland, as well as other trademark fees, are available in the fee calculator.
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Multiple-class applications
Multiple-class trademark applications are possible in Poland.
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Minimum requirements for filing TM application
To obtain the filing date a trademark application in Poland must contain:
- request to register a trademark, containing information about the applicant;
- filing fee;
- representations of the trademark;
- an indication of goods and services the trademark will be used for.
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Requirements for the Power of Attorney
Official legalisation is not required. The POA may be submitted within a month from filing a trademark application in Poland. If the applicant is a legal person it is necessary to provide the Polish Patent Office with the excerpt from the Commercial Registry certifying the person signing a POA is duly authorised to act individually on behalf of the company.
The priority document must be provided within three months from filing a trademark application in Poland. If the priority document is not in English, French, German or Russian, a certified translation thereof must accompany the document.
The term for filing an opposition against Polish trademark is three months from the publication of the trademark.
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Grant, validity term and trademark renewal
The term for payment of the official grant fee for trademark certificate in Poland is three months after the decision on the granting of the right of protection was delivered. The validity of a trademark right in Poland is ten years from the date of filing of the application to the Polish Patent Office. Polish trademark may be renewed for ten years an unlimited number of times. Renewal fees must be paid within 12 months before the expiration of the registration period. The renewal is possible within six months after the renewal due date by paying the extra fee.
The validity of a trademark in Poland may be revoked in case it has not been used within five years from trademark registration.
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Representation by a trademark attorney
Foreigners residing outside Poland must perform the trademark prosecution through an agent, a registered Polish trademark attorney.
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What can be registered as a trademark in Poland
The following, in particular, may be considered as trademarks: words, designs, ornaments, combinations of colours, the three-dimensional shape of goods or their packaging, holograms, multimedia, positions, patterns,motions, as well as melodies or other acoustic signals.
1. Online Search databases: Polish Trademarks, EU Trademarks, International Trademarks.
2. The trademark protection in Poland may also be obtained via registration of a European Union Trademark.
3. For filing of a response to the provisional refusal of an international registration in Poland, applicants are provided with the time limit of 5 months from the date the applicant receives the refusal. It is possible to request an extension of time before the Office. The language of the response is Polish. For applicants residing outside the European Economic Area (EEA), it is necessary to appoint a local representative for filing of a response. After the response has been submitted, there is an option to request a revision or file an appeal to the refusal.
Brief summary is based on the information provided by KARCZ ZAKROCKA | PATENT & TRADE MARK ATTORNEY on 15.02.2023
Please contact us if the above information contains any discrepancies with Polish IP Laws.