TRADEMARK REGISTRATION

Registering a trademark in Poland will protect your business in accordance with the laws of the country and international laws.

WHAT IS A TRADEMARK?

A trademark is a face of a product or service, and it must be correctly legally registered in compliance with international law. When manufacturers introduce their products to foreign markets, they register their trademarks to protect them from the illegal actions of unscrupulous competitors.

According to Article 120(1) of the Industrial Property Law, “a trademark may consist of any recognizable sign, design or expression which distinguishes the products or services of a particular source from those of others and which can be represented in the trademark registry in a manner allowing to clearly and accurately identify the provided object of protection.”

It is important to register and use a trademark correctly, since failure to use a registered trademark is a valid ground for its cancellation.
Specialist lawyers at Niedziółka & Associates will provide you with comprehensive support in registering your trademark in accordance with Polish and international law, thus ensuring the protection of your brand when entering the international market.

What Trademarks Are Allowed in Poland?

An important condition for approval of a trademark registration in Poland is the uniqueness and distinctiveness of the trademark. Rights holders should consider the existing criteria for marks and symbols that can be used as trademarks.

Moreover, it is important to take into account the legally defined grounds for refusal of registration following the filing of a trademark application in Poland.

When registering trademarks in Poland, the chosen marks must have distinctive features that distinguish the company’s goods and services from others on the market. Any graphic symbol or element that can be represented graphically can be registered as a trademark. 

Some examples of trademarks:
    • Eletters, numbers;
    • Ecolours, sounds;
    • Ethree-dimensional shapes;
    • Etheir combinations.

    Trademark registration is necessary to ensure your company’s security and development. Let our expert patent attorneys and experienced trademark attorneys at Niedziolka & Associates to quickly prepare the necessary documents to register your trademark.

    What Are the Advantages of Registering a Trademark in Poland?

    Registering a trademark in Poland is attractive to businessmen due to the variety of legal ways to register a trademark.

    This may be a national registration procedure, in which case the trademark is protected by the Patent Office of the Republic of Poland. If a trademark is registered in the EU through the European Union Intellectual Property Office (EUIPO), the trademark will be valid not only in Poland, but throughout the European Union. International registration of a trademark under the Madrid Protocol is carried out at the International Bureau of the World Intellectual Property Organization (WIPO) in Geneva.

    An important advantage of registering a trademark in Poland is obtaining a certificate confirming the title and the legal ability to use the mark in one’s commercial activities. In case of a trademark copying or its illegal use, the entrepreneur may prove the title in any such dispute and get compensation from anyone who has infringed or intends to infringe this right.

    This guarantees the exclusive rights of your company to sell goods and services under a protected trademark in Poland. Thus, no other company with a similar mark will be able to operate in the international market.

    The process of obtaining legal trademark protection in Poland requires business owner’s time and effort. However, it is an important step to protect the company and prevent the infringement of intellectual property rights by unscrupulous competitors.

    Constant monitoring of registered trademarks allows you to protect a registered trademark from unlawful actions of third parties. Checking incoming applications for trademarks similar or analogous to those already registered makes it possible to timely file an objection and protect the trademark from illegal use.

    At Niedziółka & Associates we treat each request individually. We will answer all your questions related to registering trademarks in Poland and provide more information on the specifics of the procedure, as well as help streamline and speed it up.

    What Is the Application Procedure in Poland?

    A trademark registration procedure in Poland is transparent. Therefore, all trademark registration applications are public and anyone can obtain information, and in case of objections contact the Patent Office of the Republic of Poland and challenge the application.

    An application for trademark registration in Poland is accompanied by a wide range of documents to be prepared by the applicant.

    Before filing your application, you should conduct a trademark search in Poland. You should check to see if there are any trademarks that are identical or similar to your trademark. To do this, you need to search the relevant databases.

    A standard trademark registration procedure needs time and completion of all necessary stages provided for by the law. Our experts, patent attorneys and experienced trademark attorneys of the Niedziolka & Associates team, will take care of all the formalities and ensure your quick completion of the procedure of obtaining legal trademark protection in Poland.

    How Long Does It Take to Register a Trademark in Poland?

    In Poland and the European Union, the procedure of registering a trademark takes approximately 6 – 9 months (subject to no objections). However, certain circumstances can speed up or slow down the procedure.

    When registering a trademark with the European Union Intellectual Property Office (EUIPO), the procedure can take approximately 4 months if it is done under Fast Track.

    However, given that the period for filing objections when registering a trademark in Poland is three months and third parties can object to your application for trademark registration during this period, the entire procedure in Poland often lasts at least six months.

    We accompany the entire process of trademark registration for our clients in accordance with the law, to make it as fast and safe as possible, and to minimize the risk of refusal.

    Malgorzata Maria Niedziolka

    CEO and founder of Niedziolka & Associates

    Expert in the field of cooperate, commercial and immigration law, private equity and venture capital investments, as well as the purchase and sale of real estate in Poland.

    Many years of experience in reputable law and consulting firms in Poland and abroad, as well as work in the public administration system in Poland, allow her to confidently and effectively navigate the over-regulated local legal system, providing high-quality legal services to a wide range of people, including foreign investors and international corporations.

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    HOW CAN WE HELP YOU?

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