The current trademark regulations in Poland are mainly based on the Industrial Property Law, which came into effect on August 22, 2001 and was revised on July 1, 2020. The Polish Intellectual Property Office is responsible for managing trademark affairs and the official language is Polish. Trademark exclusive rights need to be obtained through registration. The trademark registration in Poland follows the principle of "application first". Trademark registration is not mandatory, but for better protection or renewal, it is best to register in accordance with the law.
Poland is a party to international intellectual property treaties such as the Nairobi Treaty, Paris Convention, Convention Establishing the World Intellectual Property Organization, TRIPS Agreement, and Trademark Law Treaty. It is a member of the Madrid Agreement and Madrid Protocol, as well as a member of the European Union. Trademark registration can be processed through "single country registration", "EU registration", or "Madrid International Registration".
At present, the Polish Intellectual Property Office adopts the Nice Classification 11th edition for the description of goods and services, and can accept applications for multiple categories in one form. The elements that can be registered as trademarks in Poland include: text, letters, numbers, graphics, slogans, colors, color combinations, three-dimensional shapes, sounds, etc.
Natural or legal persons who do not have a domicile, main place of business, or a genuine and valid business enterprise in Poland must entrust a specialized agent in that country to handle the matter. The basic materials required for trademark application are:
1. Trademark design;
2. Category and specific product items;
3. Name and address of the applicant;
4. Power of attorney;
5.If priority is declared, proof of priority must be provided.
The main process for applying for registration of a Polish trademark is: application announcement - examination - registration - registration announcement. The application will be accepted within about 2 weeks after submission. Three months after the application is submitted, the trademark application shall be published. During the publication period, anyone may raise objections to the trademark application. After the announcement is completed, the examiner will conduct a formal and substantive examination of the application. Formal review mainly examines whether the application requirements and classification information comply with regulations; The substantive examination includes the examination of the distinctiveness of the trademark and whether it violates the prohibition and prohibition clauses. If the examination fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice. If the substantive examination passes, a registration certificate will be issued and a registration announcement will be made.
The opposition period is three months from the date of announcement, and anyone can raise an objection to the registration of the trademark. The main reasons for raising an objection are:
1. Conflict with prior trademarks, such as owning a prior registered trademark;
2. The trademark lacks distinctiveness;
3. The trademark has adverse effects;
4. Malicious registration;
5. Conflict with other prior rights, such as trade name rights, design rights, copyrights, personal names, etc.
If there is no objection or objection is not established during the registration announcement period, the trademark is officially registered successfully. In a smooth situation, trademark registration in Poland takes about 2 years; If things don't go smoothly and there are rejections or objections, the time will be greatly extended.
The Polish trademark is valid for 10 years after registration, starting from the date of application; Renewal can be processed within 6 months before the expiration date, with a grace period of 6 months; The renewal is valid for 10 years. If a trademark is not used for five consecutive years after registration, any interested party may apply to revoke the registered trademark; Except for cases where the right holder is unable to use it normally due to force majeure such as trade restrictions and trade barriers.