FAQ for Applicants: trademark registration in Poland
Registering a trademark in Poland is a crucial step for any company wishing to protect its brand, increase its value on the market, or create a means of protection against trademark infringement. In a registered trademark, a business has an exclusive right to use the mark. This is hugely important when building recognizability and a competitive edge.
We have produced FAQ on registering trademarks with the Polish Patent Office, to help applicants to understand the procedures, costs, and formal requirements, and avoid the most common problems that arise in the trademark registration procedure. The FAQ contain practical tips on the registration process, which goods and services classifications to choose, how to avoid the application being denied, and how to protect the mark on the Polish market in an effective way.
If you envisage obtaining protection for your brand and are wondering how to register a trademark in Poland, or you wish to secure better legal protection for your business, the most important questions are addressed here.
- Natural persons (including foreign individuals).
- Legal entities such as companies, universities, foundations.
A trademark may also be filed jointly by several applicants or by an organisation representing multiple entities (e.g., an entrepreneurs), so that its members may use the mark.
You may file
- word marks (including slogans),
- word-figurative marks,
- figurative marks,
- motion marks,
- position marks,
- multimedia marks,
- sound marks,
- hologram marks,
- 3D (shape) marks,
- pattern marks,
- colour marks.
Marks may be in any language. Letters, numbers and special characters (e.g., ?, $, #) are allowed.
- Preparing documentation and the list of goods and services for which the mark is to be registered –> then filing the application.
- Formal examination by the Polish Patent Office (PPO).
- Examination of absolute grounds (e.g. descriptiveness).
- A 3-month opposition period, during which third parties may file an opposition.
- If no opposition is filed (or after opposition proceedings), the PPO issues a conditional decision granting protection. The applicant must pay the fee for the first protection period.
- Issuance of the registration certificate.
To file a trademark on your behalf, we need:
- information on the goods and services for which the mark will be used (we prepare the list for your approval),
- an extract from the commercial register showing the persons signing the power of attorney,
- a signed power of attorney (we will provide the template).
A single trademark may be filed for any number of goods and services (there is no limit). However, you should select only those for which the mark is currently used or will be used within the next 5 years. Why? A trademark may be revoked for non-use in relation to specific goods and services.
Official fees:
- filing fee 400 PLN for the first class,
- +120 PLN for each additional class,
After the conditional decision:
- protection fee for 10 years – 400 PLN per class + 90 PLN publication fee.
Trademark protection lasts 10 years from the filing date, and it can be renewed indefinitely in further 10-year periods.
First 10-year period:
The fee indicated in the conditional decision must be paid within 3 months of receiving the decision. The amount depends on the number of classes: 400 PLN per class.
Each subsequent 10-year period:
The renewal fee must be paid before the end of the current protection period, but not earlier than one year before its expiry. The amount is: 400 PLN per class.
If the Patent Office of the Republic of Poland (PPO) raises no objections and no opposition is filed, registration usually takes 4–6 months.
The waiting period is usually around 3-4 months from the date of the Office’s decision to grant protection, provided that the fee for the first 10-year period of protection has been paid.
If an opposition is filed, the dispute may take 6–12 months. Appeal proceedings may extend the case to up to 5 years.
Yes! Such a search helps avoid a refusal by the Polish Patent Office or the risk that your application will be blocked by others in opposition proceedings. The search is not mandatory, but it is strongly recommended.
The search consists of three parts:
- Verification of whether the PPO is likely to raise any objections to your application (e.g. whether the mark is descriptive or misleading).
- Verification of earlier filed and registered trademarks that can form the basis for an opposition, together with an assessment of the risk.
- Conclusions and recommendations (e.g. the need to modify the mark or the list of goods and services).
The registration certificate is issued in paper form. We will send it to you by post or courier. Shipping costs may apply.
The ® symbol may only be used once the trademark has been officially registered.
If you have any other questions concerning registering trademarks, or you need assistance with the filing, we will be glad to help.
To contact us, click the link below.