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"Trademark registration in Poland: which route to choose?" |
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1. What may be registered as a trademark in Poland?
Any graphic sign or a sign that can be represented graphically may be
registered as trademark, provided that such a sign has a feature of distinctiveness.
The following in particular, may be considered as trademarks: words, designs, ornaments,
combinations of colours, three-dimensional shape of goods or of their packaging, as well
as melodies or other acoustic signals.
2. Is use of a registered trademark compulsory in Poland?
It is not compulsory. However, the right of protection for a trademark may be declared lapsed in
case of no genuine use of the registered trademark for the goods covered by the registration within
five consequtive years, unless serious reasons of non-use thereof are provided. The Patent Office may
render a decision on the lapse of the right of protection for a trademark at request of any party
having legitimate interest therein.
3. How long does the protection last?
10 years from the filing date, may be extended (on request) by further 10-year
periods.
4. Who can apply for a trademark registration?
Any natural or legal person.
5. Who can represent persons not having their domicile or seat in Poland before the Polish
Patent Office?
Persons not having their domicile or seat in Poland may only act when represented by
a patent agent.
6. Who can act as an agent before the Polish Patent Office?
A registered patent agent inscribed on the list held by the Polish Patent
Office.
7. What data and documents are required when applying for a trademark registration in Poland?
At the filing date:
- request to register a trademark indicating the applicant(s) and defining
the trademark, including priority claim if any
- 10 clear prints of the trademark (except trademarks consisting of block letters
only), if colour is claimed - 10 colour prints + 2 black and white prints, in case of a sound trademark -
3 recording tapes
- list of goods and/or services with indication of class numbers according to the
Nice Agreement
May be provided later:
- priority document (if the priority doc. is not in Polish, English,
German, French or Russian translation into one of these languages is required)
- declarations (if any)
- power of attorney
- rules for using a collective mark (if any)
- documents authorising to use a trademark including escutcheons,
flags, emblems, safety signs etc.
- filing fees
8. Is it possible to invalidate a registered trademark and on what base?
The right of protection for a trademark may be invalidated in whole or in part at request of any
party having legitimate interest therein, provided that it is proved that the statutory requirements
for the grant of that right have not been satisfied.
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