FAQ - Trademarks

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.

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

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.

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.

Who can apply for a trademark registration?

Any natural or legal person.

How long does the protection last?

10 years from the filing date, may be extended (on request) by further 10-year periods.

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.

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.