Trademark registration in Poland

Trademark registration in Poland is governed by a comprehensive legal framework overseen by the Patent Office. Poland emerged as a dynamic and rapidly growing economy in Central Europe, attracting the attention of many international investors and businesses. Located in the center of Europe, Poland possesses a favorable geographical location, adjacent to major markets such as Germany, Russia, and the Czech Republic. This location makes Poland an attractive destination for logistics, distribution and manufacturing activities, facilitating access to a large and diverse market. Since its transition from a centralized economy to a market economy in the early 1990s, Poland has implemented many effective economic reform policies. This policy promotes foreign investment, encourages private enterprises and creates a favorable business environment for economic activities. Poland has invested heavily in building and upgrading infrastructure over the years, including transport, energy and telecommunications systems. Modern and efficient infrastructure plays an important role in attracting investment, promoting trade and enhancing the competitiveness of the economy. As a member of the European Union (EU), Poland benefits from the EU’s vast and unified single market of more than 450 million consumers. EU integration gives Poland easy access to markets, attracts investment and promotes exports of goods and services. To attract investment capital, the Polish government applies many preferential policies to attract foreign investment, including tax exemptions and reductions, financial assistance and simplification of administrative procedures. These policies create incentives for international investors to pour capital into potential sectors of the Polish economy. The combination of these favorable factors has contributed to making Poland an attractive destination for investment and business. With strong growth potential, Poland is predicted to continue to be one of the most dynamic economies in Central Europe in the coming years. Therefore, more and more enterprises are expanding their business scope in Poland, in order to be able to distinguish their brand from other competitors, businesses need to pay attention to the procedure for trademark registration. Viet An Law would like to guide customers preliminarily through the procedures for trademark registration in Poland through the article below.

Legal basis

• Law on Industrial Property of June 30, 2000 (amended and supplemented to Decree dated March 9, 2023)

Definition of “trademark” in Poland

A trademark can be any mark that distinguishes one entrepreneur’s goods and/or services from another’s goods and/or services, and is represented in a trademark register in a way that allows for a clear and accurate identification of the subject matter protected by the trademark.

Conditions for trademark registration in Poland

To be granted protection, a trademark must simultaneously meet two cumulative criteria:

• Must be able to distinguish the goods and/or services of one business from another,
• Must be able to be shown in the trademark register.

Types of trademarks that can be registered in Poland

There are many types of trademarks. The most common are verbal, graphic, verbal-graphic, spatial, positional and audio signs; colour; pattern; move; multimedia; Holograms and other types of trademarks are not listed here.

• Word mark: A word or phrase that functions like a trademark. (e.g. Adidas, Apple)
• Graphic marks: Logos, symbols, or designs. (e.g. Nike swoosh, Apple logo)
• Typographic-brand: Combines textual and graphic elements. (e.g. Lacoste crocodile logo with the word “Lacoste”)
• Spatial brand: The three-dimensional shape or configuration of the merchandise (e.g. Coca-Cola bottle shape)
• Trademark placement: A trademark where the position of the trademark on the product is key. (e.g. placement of stripes on Adidas tracksuits)
• Audio brand: The sound or tone used to identify a brand. (e.g. MGM lion roar)
• Color brand: A single color or combination of colors used as a trademark. (e.g., the signature blue color of the Tiffany & Co. jewelry box.)
• Pattern marks: A specific two-dimensional arrangement of shapes, lines, or colors. (e.g. Burberry checkered pattern)

Trademark registration documents in Poland

• Application form (form can be downloaded here: https://uprp.gov.pl/pl/formularze-do-wydruku)
• 1 photographic or printed copy where a trademark is presented or expressed, in part, as drawings or drawings or compositions.
• 2 copies of IT data storage devices containing audio recordings in case of audio or multimedia trademarks (or other markings that may be represented on the device).
• Receipt of payment of registration fee
• Proof of precedence or the applicant’s statement of the basis of previous right-of-way (proof of precedence not granted to the applicant), if the applicant previously claimed the right-of-way (if any)
• Documents confirming the right to use certain marks in the trademark (if any)

Examples of signs by which the applicant must prove the right to use the trademark with the appropriate mark:

• Emblems of the Republic of Poland (coat of arms, colors or anthem),
• Signs of the armed forces,
• Abbreviation of names or symbols (coats of arms, flags, emblems) of foreign countries and international organizations.
• Trademark statute, if the applicant claims protection for a class mark, security mark or general right of protection.
• Power of attorney, if the applicant applies through a representative, along with a receipt for payment of fees.

The applicant should also attach documents and statements other than those mentioned above to the application for trademark protection, if necessary to substantiate the claims and requirements contained in the application.

In the application should specify which documents are attached or attach a list of such documents.

The trademark application and related correspondence must be submitted in writing. The application enclosed with the annex may be submitted in person at the General Procedure Office of the Intellectual Property Office of the Republic of Poland, by post, by fax or electronically using the Electronic Service Platform of the PUEUP Intellectual Property Office.

If the application is faxed, the original of the application must be submitted within 30 days of sending the fax. This deadline cannot be restored.

Registration of trademarks in Poland through the Madrid System

The Madrid system is a convenient and cost-effective solution for global trademark registration and management. File a single international trademark application and pay a one-time fee to apply for protection in up to 130 countries. Claimants can modify, renew or expand their global trademark portfolio through a centralized system.

Madrid Agreement:

• Poland joined the Madrid Accords on 18 March 1991.
• The Madrid Agreement allows trademark owners to register their trademarks in a single member state (“country of origin”) and then extend protection to other member states (“nominating countries”) through a single international application.

Madrid Protocol:

• Poland accessed the Madrid Protocol on 4 March 1997.
• The Madrid Protocol modernizes and simplifies the international registration system of trademarks established under the Madrid Agreement.
• The Madrid Protocol allows trademark owners to designate additional member states to an international application already filed under the Madrid Agreement or Madrid Protocol.

Trademark registration dossier under the Madrid System

The Madrid Singles consist of the Madrid Singles of Vietnamese origin and the Madrid Singles with Polish designations.

For the Madrid Application of Vietnamese origin, the applicant must submit through the state management agency for industrial property rights, i.e. the National Office of Intellectual Property of Vietnam. According to Article 25 of Decree 65/2023/ND-CP, a Madrid application of Vietnamese origin includes the following documents:

• Declaration of request for international registration of a trademark of Vietnamese origin (Form No. 01 in Vietnamese in Appendix II of Decree 65/2023/ND-CP);
• 02 MM2 declarations according to the form of the International Office in English or French;
• 02 trademark samples exactly as the trademark in the application filed in Vietnam (establishment application) or trademark registration certificate (establishment registration);
• 02 MM18 declarations in English (if the application has a US designation);
• Written authorization in Vietnamese (According to the form of Viet An Law Firm);
• Documents of payment of fees for international registration of trademarks of Vietnamese origin;
• Other relevant documents (if necessary).

Application fees through the Madrid System

The fees include:

• Basic fee (653 Swiss francs; or 903 Swiss francs for a color mark) (Note! A 90% discount applies if the applicant lodges an application with the Intellectual Property Office of a developing country at least); and

Additional fees depend on where the claimant wishes to protect his trademark and the number of groups of goods and services he or she wishes to register. In order to expand its geographic reach, or modify or renew its international registration, the applicant will have to pay additional fees.

Trademark registration service in Poland of Viet An Law Firm

• Carry out the search and notify customers in writing of the results of trademark search in Poland;
• Drafting dossiers and directly submitting and monitoring the status of trademark application filings in Poland on behalf of trademark owners;
• Inform, advise and handle deficiencies/refusals of competent State agencies (if any) in the process of monitoring trademark applications in Poland;
• Support follow-up, representative resolution of objections and feedback with intellectual property representatives carrying out procedures in Poland.
• Receive dispatches, certificates and hand over to customers (if any).

If you want to file a trademark application in Poland, please contact Viet An Law for the most effective support.