Trademark registration in Poland – proceedings before the Polish Patent Office
Before a trade mark is filed for registration with the Patent Office of the Republic of Poland, we recommend that you run a test to verify whether or not an identical or similar mark is already protected. Examining the trade mark registration capability allows you to avoid an infringement or possible disputes with other right holders that may result in the mark being invalidated. You can carry out a search in publicly available trade mark databases by yourself or with the help of a patent attorney who has access to commercial tools.
You can send a trade mark application to the Patent Office of the Republic of Poland electronically via the ePUAP system, by post, by fax, or you can deliver it in person. Each application receives a number, and the date of receipt of documents by the Office is also the start of the registration procedure.
After the application is received, a clerk at the Patent Office will make sure that there are no absolute obstacles to the registration of the sign. They will also draw up a notification about relative obstacles, but this is of a purely informative nature for the applicant. If the Office finds no obstacles preventing registration, the application will be published in the Bulletin of the Polish Patent Office.
Anyone may object to the application within the three-month period following the date of its publication. In the course of the proceedings involving both the applicant and the opponent, the Patent Office will examine the objections contained in the opposition.
If no opposition is filed within three months of the publication date or a final decision regarding the opposition is issued within that period, then within one month after the end of the opposition period the Office must issue its decision to either grant or refuse to grant trade mark protection rights.
After the registration is complete, the Office will issue a decision to grant conditional trade mark protection until the necessary fees have been paid. If the payment is not made within the prescribed period, the temporary protection will end. After the decision has been issued and the necessary fees have been paid, the trade mark will be put on the trade mark register and the applicant will receive a trade mark protection certificate issued by the Polish Patent Office.
Trade mark protection expires 10 years after the trade mark was granted. During this time, it is advisable to monitor the market to ensure that the trade mark is not being infringed. Remember to renew your rights before the expiry of the 10-year period.
Check out the other trademark application procedures