Trademark Registration in Poland

In Poland, you must register your trademark in order to obtain exclusive rights, as it is a “first-to-file” jurisdiction. Only in very exceptional situations can unregistered, well-known trademarks receive some protection.
To secure protection, trademarks must be filed with the **Intellectual Property Office of Poland (UPRP) UPRP.

Poland is also a member of the European Union, so a **European Union Trademark (EUTM) also extends protection to Poland. In addition, Poland is a member of the Madrid Protocol, which allows holders of international registrations to designate Poland via the Madrid System. We offer services for trademark filing through the Madrid System.

To register a trademark in Poland, you will generally need:

• Original Power of Attorney, signed. No notarization or legalization required.
• The name or logo you want to register
• The applicant’s details

Your iGERENT consultant will confirm the exact requirements for your case and guide you through each step.

The average trademark registration process in Poland takes around 18 months. This is an estimated timeframe for straightforward cases based on current processing times and may vary considerably.

Once registered, a trademark in Poland is valid for 10 years from the application date.
After that, it can be renewed indefinitely for further periods of 10 years. Renewal may be requested in the 12 months preceding the expiration date, or during a 6-month grace period after expiration, subject to payment of late renewal fees.

Polish law does not provide a classic formal opposition procedure during examination.
However, if a third party attempts to register a trademark that conflicts with yours, you may:

• Submit observations to the trademarks office pointing out grounds for refusal. These are not formal oppositions but can influence examination.
• After registration, file revocation/cancellation actions if you believe the registered mark conflicts with your prior rights.

Use is not required to obtain registration in Poland.
However, once registered, a trademark must not remain unused for more than five (5) consecutive years, or it becomes vulnerable to cancellation actions for non-use brought by third parties.

Poland recognizes three-dimensional (3D) trademarks. To register a 3D mark in Poland, you must:

• File the application before the Polish Patent Office (Urząd Patentowy Rzeczypospolitej Polskiej).
• Ensure the shape is distinctive, i.e., capable of distinguishing your goods or services from those of others.
• Make sure the mark does not consist solely of:
  • A shape resulting from the nature of the goods,
  • A shape necessary to obtain a technical result, or
  • A shape that gives substantial value to the goods.
• Provide clear graphical representations or photographs showing the three-dimensional character of the mark from different angles.