| Step number | Step corresponding information |
| step 1 | Prepare your trade mark: – make sure your trade mark is a distinctive word, logo, picture or other sign that clearly identifies your goods and services from those of other traders – check if someone else has already registered or applied to register a similar mark for similar goods or services – check if someone else is using a similar mark for similar goods or services You can search through our free of charge on-line database at: http://grab.uprp.pl/PropertiesProtection/Site%20pages/Quick%20search.aspx?wersja=english – decide what classes of goods or services you require in the Nice Classification list. NOTICE: Applicants not having their domicile or seat in the Republic of Poland must appoint a local patent agent. Here’s a link to the list of patent representatives: http://www.rzecznikpatentowy.org.pl/index.php?gora=5 |
| step 2 | You fill in and file the form “Request to grant right of protection for a trade mark” with us. You can also file your application on-line or by means of fax, but in this case you have to provide us, within 30 days from filing date, with original copy of the application. Together with filing the request form you must pay an appropriate application fee |
| step 3 | We respond by issuing a filing receipt which includes an application number and date of filing. |
| step 4 | First phase of the examination: – formal examination, – publication of the application. We publish your trade mark application in the PPO’s first-level Official Gazette (Biuletyn Urzedu Patentowego) shortly after 3 months from the filing date, as long as have not withdrew the application |
| step 5 | Second phase of the examination: -substantive examination |
| step 6 | When we examine your application, we let you know what, if anything, needs to be amended or completed and the period of time for you to respond. If your application meets all the requirements of the Polish Industrial Property Law PIPL; (here is the link to PIPL:http://www.uprp.pl/akty-prawne/Lead03,13,1315,1b,index,pl,text/podstawowe-obowiazujace-akty-prawne/Lead03,50,262,1b,index,pl,text/),we will register your trade mark and send you a certificate of protection. Also we will publish information on your registered trade mark in the PPO’s second-level Official Gazette (Wiadomosci Urzedu Patentowego) (issued monthly). The registration of your trade mark can last forever. NOTICE: A right of protection for a trade mark is issued subject to payment of a fee for the first protection period (10 years). Failure to pay the fee within the prescribed time limit shall result in declaring by the Patent Office that the decision on the registering your trade mark has lapsed. |
| Step | Fees (zł) | Comments | |
| Standard Filling Fees | Single | 550 | |
| Collective | 1100 | ||
| Filling Fees with reduced fees | Single | 500 | |
| Collective | 1000 | ||
| Standard Additionnal class fees | 120 | ||
| Additionnal class fees with reduced fees | 120 | ||
| Standard Publication/Granting fee | 90 | ||
| Publication/Granting fee with reduced fees | 90 | ||
More fees can be found at http://www.uprp.pl/oplaty-zgloszeniowe/Lead05,173,1755,4,index,pl,text/
The Application Fee can be paid:
1. Directly to our bank account
“Narodowy Bank Polski, Oddzial Okregowy Warszawa”, account No. 93101010100025832231000000; BIC (SWIFT): NBPLPLPW.
The effective date of payment in this case is the date on which the sum was credited to the mentioned account.
2. In cash at our Office
the effective date of payment in this case is the date marked by the date stamp on the payment receipt issued at our Office.
3. By a postal money order
the effective date of payment in this case is the date marked by the postal date stamp (at our Office) on the postal money order.
Defensive Actions
Opposition
General information
Who can file an opposition against my trade mark?
Within six months from the publication in “Wiadomosci Urzedu Patentowego” of the mention of the grant of a title of protection, any person may give reasoned notice of opposition to a final decision of the Patent Office on the grant of a right of protection.
The opposition referred to in paragraph (1) may be filed on the same grounds, on which a right of protection may be invalidated.
(Industrial Property Law Article 246)
Anyone may file a justified opposition against the recognition on the territory of Poland of the protection of an international trademark registration. The provisions of Article 246 (1) and Article 247 shall, subject to paragraph 2, apply accordingly.
(Industrial Property Law Article 152 11)
Can I file an opposition against a someone else’s trade mark?
Within six months from the publication in “Wiadomosci Urzedu Patentowego” of the mention of the grant of a title of protection, any person may give reasoned notice of opposition to a final decision of the Patent Office on the grant of a right of protection.
The opposition referred to in paragraph (1) may be filed on the same grounds, on which a right of protection may be invalidated.
(Industrial Property Law Article 246)
Anyone may file a justified opposition against the recognition on the territory of Poland of the protection of an international trademark registration. The provisions of Article 246 (1) and Article 247 shall, subject to paragraph 2, apply accordingly.
(Industrial Property Law Article 152 11)
Are there specific deadlines/timeframes which I have to observe in connection with opposition proceedings?
Within six months from the publication in “Wiadomosci Urzedu Patentowego” of the mention of the grant of a title of protection, any person may give reasoned notice of opposition to a final decision of the Patent Office on the grant of a right of protection.
(Industrial Property Law Article 246)
Who will take a decision on the opposition?
The Patent Office shall immediately communicate the opposition referred to in Article 246 to the right holder and invite him to file his observations within a fixed time limit.
Where, following the communication of the Patent Office referred to in paragraph (1), the right holder claims the opposition to be unjustified, the case shall be submitted for examination in litigation proceedings. Otherwise, the Patent Office shall decide on reversal of the decision on the grant o a right of protection and discontinue the proceeding.
(Industrial Property Law Article 247)
The Patent Office shall make a decision in litigation procedure: on invalidation of a right of protection (Industrial Property Law Article 255).
Decisions made and orders issued by the Patent Office shall be subject to complaint to the administrative courts (Industrial Property Law Article 248).
Anyone may file a justified opposition against the recognition on the territory of Poland of the protection of an international trademark registration. The provisions of Article 246 (1) and Article 247 shall, subject to paragraph 2, apply accordingly.
Where the holder of the international trademark registration fails to react on the opposition, referred to in paragraph 1, or he accepts the opposition, the Patent Office shall take a decision on revocation of the recognition on the territory of Poland of the protection of an international trademark registration in respect of all or certain goods only.
The Patent Office’s decision referred to in paragraph 2, may be subject to a request for re-examination of the matter. The provisions of Article 244 (1) – (1 4 ) and (4) – (5) shall apply accordingly.
(Industrial Property Law Article 152 11 )
Cancellation
General information
Who can file a request for the cancellation of my trade mark?
The right of protection for a trademark may be invalidated in whole or in part at the request of any person having a legitimate interest therein, provided that that person is able to prove that the statutory requirements for the grant of that right have not been satisfied.
(Industrial Property Law Article 164)
The General Public Prosecutor of the Republic of Poland or the President of the Patent Office may, in the public interest, request that the right of protection for a trademark be invalidated or intervene in an invalidation action already pending.
(Industrial Property Law Article 167)
In respect of revocation of the recognition on the territory of Poland of the protection of an international trademark registration the provisions of Articles 164-167 shall apply accordingly.
(Industrial Property Law Article 152 13 )
Can I file a request for the cancellation of someone else’s trade mark?
The right of protection for a trademark shall not extend to the acts in respect of the goods bearing that trademark consisting, in particular, of offering the goods or further putting on the market the goods bearing that trademark, where the said goods have earlier been put on the market on the territory of the Republic of Poland by the right holder or with his consent.
The right of protection for a trademark shall neither be considered infringed by an act of importation or other acts, referred to in paragraph (1), in respect of the goods bearing the trademark, if these goods have earlier been put on the market on the territory of the European Economic Area by the right holder or with his consent.
Paragraphs (1) and (2) shall not apply, where there exist legitimate reasons for the right holder to oppose further commercialization of the goods, especially where the condition of the goods is changed or impaired after they have been put on the market.
(Industrial Property Law Article 155)
The right of protection for a trademark may be invalidated in whole or in part at the request of any person having a legitimate interest therein, provided that that person is able to prove that the statutory requirements for the grant of that right have not been satisfied.
(Industrial Property Law Article 164)
The General Public Prosecutor of the Republic of Poland or the President of the Patent Office may, in the public interest, request that the right of protection for a trademark be invalidated or intervene in an invalidation action already pending.
(Industrial Property Law Article 167)
In respect of revocation of the recognition on the territory of Poland of the protection of an international trademark registration the provisions of Articles 164-167 shall apply accordingly.
(Industrial Property Law Article 152 13 )
Are there specific deadlines/timeframes which I have to observe in connection with a request for cancellation / cancellation proceedings?
Without time limit.
Who will take a decision on the cancellation?
The Patent Office shall make a decision in litigation procedure:
- (i) on invalidation of a right of protection
- (ii) on invalidation of the recognition of an international trademark registration on the territory of the Republic of Poland.
(Industrial Property Law Article 255)
Limitation
General information
Who can restrict my trade mark rights?
The right of protection for a trademark shall not extend to the acts in respect of the goods bearing that trademark consisting, in particular, of offering the goods or further putting on the market the goods bearing that trademark, where the said goods have earlier been put on the market on the territory of the Republic of Poland by the right holder or with his consent.
The right of protection for a trademark shall neither be considered infringed by an act of importation or other acts, referred to in paragraph (1), in respect of the goods bearing the trademark, if these goods have earlier been put on the market on the territory of the European Economic Area by the right holder or with his consent.
Paragraphs (1) and (2) shall not apply, where there exist legitimate reasons for the right holder to oppose further commercialization of the goods, especially where the condition of the goods is changed or impaired after they have been put on the market.
(Industrial Property Law Article 155)
The right of protection shall not entitle the right holder to prohibit third parties from using, in the course of trade:
- (i) their names or addresses
- (ii) indications concerning, in particular, the features and characteristics of goods, the kind, quantity, quality, intended purpose, origin, the time of production or of expiration of usability period
- (iii) a registered mark or a similar mark, if it is necessary to indicate the intended purpose of the product, in particular as far as offered spare parts, accessories or services are concerned
- (iv) a registered geographical indication, if the use thereof by these parties is authorised under other provisions of this Law.
The use of the signs referred to in paragraph (1) shall only be permitted, where it satisfies reasonable needs of the user and of purchasers of the goods and is, at the same time, in accordance with honest practices in industrial or commercial business, or in services.(Industrial Property Law Article 156)
The holder of a trademark registration shall not be entitled to prohibit a third party from using that mark or a mark similar thereto in the course of trade, if he has refrained from using that mark within the meaning of Article 169(1)(i), (4) and (5). (Industrial Property Law Article 157)
The holder of a trademark registration shall not be entitled to prohibit a third party from using the name under which he runs his business activity, provided that said name is not used for marking the goods being the subject of that activity and no risk of misleading the public as to the origin of the goods exists, in particular owing to a different range of activities or the use of the name being limited to a particular locality.
Paragraph (1) shall not apply, where a third party, when using the name under which it runs its business activity, is in bad faith. (Industrial Property Law Article 158)
Any person who, when running a business activity locally to a narrow extent, has used in good faith the mark subsequently registered as a trademark on behalf of another party, shall have the right to continue to use that mark free of payment to the same extent to which he had previously used it.
At the request of an interested party, the right referred to in paragraph (1) shall be recorded in the Trademark Register. The right may be assigned to another party only together with the enterprise.(Industrial Property Law Article 160)
Can I restrict someone else’s trade mark?
The right of protection for a trademark shall not extend to the acts in respect of the goods bearing that trademark consisting, in particular, of offering the goods or further putting on the market the goods bearing that trademark, where the said goods have earlier been put on the market on the territory of the Republic of Poland by the right holder or with his consent.
The right of protection for a trademark shall neither be considered infringed by an act of importation or other acts, referred to in paragraph (1), in respect of the goods bearing the trademark, if these goods have earlier been put on the market on the territory of the European Economic Area by the right holder or with his consent.
Paragraphs (1) and (2) shall not apply, where there exist legitimate reasons for the right holder to oppose further commercialization of the goods, especially where the condition of the goods is changed or impaired after they have been put on the market.
(Industrial Property Law Article 155)
The right of protection shall not entitle the right holder to prohibit third parties from using, in the course of trade:
- (i) their names or addresses
- (ii) indications concerning, in particular, the features and characteristics of goods, the kind, quantity, quality, intended purpose, origin, the time of production or of expiration of usability period
- (iii) a registered mark or a similar mark, if it is necessary to indicate the intended purpose of the product, in particular as far as offered spare parts, accessories or services are concerned
- (iv) a registered geographical indication, if the use thereof by these parties is authorised under other provisions of this Law.
The use of the signs referred to in paragraph (1) shall only be permitted, where it satisfies reasonable needs of the user and of purchasers of the goods and is, at the same time, in accordance with honest practices in industrial or commercial business, or in services.(Industrial Property Law Article 156)
The holder of a trademark registration shall not be entitled to prohibit a third party from using that mark or a mark similar thereto in the course of trade, if he has refrained from using that mark within the meaning of Article 169(1)(i), (4) and (5). (Industrial Property Law Article 157)
The holder of a trademark registration shall not be entitled to prohibit a third party from using the name under which he runs his business activity, provided that said name is not used for marking the goods being the subject of that activity and no risk of misleading the public as to the origin of the goods exists, in particular owing to a different range of activities or the use of the name being limited to a particular locality.
Paragraph (1) shall not apply, where a third party, when using the name under which it runs its business activity, is in bad faith. (Industrial Property Law Article 158)
Any person who, when running a business activity locally to a narrow extent, has used in good faith the mark subsequently registered as a trademark on behalf of another party, shall have the right to continue to use that mark free of payment to the same extent to which he had previously used it.
At the request of an interested party, the right referred to in paragraph (1) shall be recorded in the Trademark Register. The right may be assigned to another party only together with the enterprise.(Industrial Property Law Article 160)
The following cases, in particular, shall be decided in civil law procedure in accordance with the general principles of law: for ascertainment of the right to use, in a local-scale activity, a mark registered on behalf of a third party as a trademark.
(Industrial Property Law Article 284)
Are there specific deadlines/timeframes which I have to observe in connection with limitation?
There are no specific deadlines.
Proactive Measures
Customs Seizure
General information
What does customs seizure mean?
Applicable Laws:
REGULATION (EU) No 608/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
COMMISSION IMPLEMENTING REGULATION (EU) No 1352/2013
How to proceed
What initial steps are necessary?
Application for customs action:
The right holder may submit an application for customs action. There are 2 basic requirements concerning the application:
- 1. It has to contain a sufficiently accurate description to make selection and identification possible.
- 2. The right holder has to prove that s/he owns intellectual property right, or that s/he is the authorised user of the right.
- Application is free of charge
- Applicant is notified of the customs decision within 30 working days of the receipt of the application
- If an application for action is granted, the competent customs department specifies the period during which the customs authorities are to take action (generally one year). This period may be extended upon request, at the latest 30 working days before the expiration of the initial application for action
- An application should be submitted on specific forms (model forms are annexed to COMMISSION IMPLEMENTING REGULATION (EU) No 1352/2013)
Note: application for action may be taken both as a preventive measure and as a reaction to infringements.
The agency responsible for investigating these applications in Poland is Customs Chamber in Warsaw
Contact details for submiting applications in Poland:
Customs Chamber in Warsaw
Erazma Ciolka 14 A
01-443 Warsaw
Poland
Tel: +48 22 544 75 67
Fax: +48 22 544 75 68
e-mail: witw@war.mofnet.gov.pl
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The registration of your trade mark can last for ever. However, if you want this to happen you must renew it every 10 years.
In cases of non-payment of renewal fees, no reminders will be issued.
In case of failure to observe the time limit referred to above, renewal fees can still be paid within a period of grace of 6 months after the due date provided that a surcharge of 30 % of the due fee is paid at the same time. This time limit is not restorable.
The cost of renewing a trade mark is PLN 400 for each class (up to three classes of goods), and PLN 450 for each extra class (for ten-year protection period).
| Year | Standard fees (zł) | Reduced fees (zł) | Comments |
| 1 | 400 | 450 PLN – for each class of goods (from fourth grade and each subsequent). | |
| 11 | 400 | 450 PLN – for each class of goods (from fourth grade and each subsequent); 200 PLN – additional fee for a request for extension of second and subsequent periods of protection. | |
| 21 | 400 | 450 PLN – for each class of goods (from fourth grade and each subsequent); 200 PLN – additional fee for a request for extension of second and subsequent periods of protection. |