Trade marks and industrial designs – changes in fee calculation method

19 November 2016

In connection with the change of legal provisions that became effective on 14 October 2016 (on 6 October 2016 the Regulation of the Council of Ministers of 8 September 2016 was published on the fees concerning the protection of inventions, utility designs, industrial designs, trade marks, geographical indications and topographies of integrated circuits), the method of calculation of fees in respect of trade mark and industrial design application and protection has been amended.

As regards trade marks, a change in the fee schedule provides for a new fee calculation method in case of filing a trademark in one class (to date, the fee was calculated for three classes). The fee for filing one trademark for the goods and services that have been classified as one trademark class amounts to 450 PLN (by paper form) and 400 PLN (by electronic form) respectively.

Moreover, the fee calculation method for the protection of trademarks has been standardized. The fee amount for each trademark class will be the same, i.e. 400 PLN.

As regards industrial designs, the filing fees remain the same. However, the fee for the protection of an industrial design has been decreased. For example, for the first 10 year protection period, the fee has been reduced from 1400 PLN into 400 PLN.

Special attention should be paid to transitional provisions. According to § 2 (1) of the Regulation, the provisions in force to date should be applied to single fees in respect of applications, motions and other actions undertaken before the date on which the new provisions entered into force.

Under § 2 (2) of the Regulation, the provisions referred to shall not be applied to renewal fees due before this Regulation became effective, or renewal fees paid earlier on the basis of the provisions in force to date. Moreover, the provisions of the aforementioned Regulation shall not be applied to renewal fees whose amount was specified in the notice or decision on granting the exclusive right that had been issued before this Regulation became effective.



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