TRADEMARK APPLICATION FILING IN
Poland

Poland is a developed country with a strong economy that is also excelling in the area of Intellectual Property Rights. The Patent Office of the Republic of Poland (PPO) is in charge of all Intellectual Property matters and related concerns in the territory of Poland. The main goal of the PPO is to promote innovation and economic development by regulating and managing Intellectual Property Rights in relation to inventions, utility models, industrial designs, trademarks, etc. Poland follows a first-to-file system for trademark registrations with all trademarks required to comply with the Industrial Property Law.

The trademark registration before the Patent Office of the Republic of Poland can either be filed through the online portal or via offline mode.

Multi-class applications are allowed by the Patent Office of the Republic of Poland.

The requirements for filing a trademark application are as follows:

• Name, nationality, and address of the applicant;
• Mark representation (logo/device/word, etc.);
• Descriptions of goods and/or services;
• Power of Attorney;
• Certified priority document*.

*If priority is being claimed, a Certified Priority Document must be submitted within three months of the filing.

The process of registering a trademark in Poland begins with the submission of the application before the Patent Office of the Republic of Poland. Once the TM application is filed, the application is submitted to the e-search engine (PUEUP) to ensure the application meets all the required standards. If no issues are found, or once corrections are made, the application moves forward, and the trademark is then published in the Patent Office Bulletin, initiating a three-month opposition period. During this time, third parties have the opportunity to raise objection/opposition to the application.

If no opposition is filed within said timeline, or if opposition is resolved in favour of the applicant, the trademark is officially registered, and a registration certificate is issued. 

The opposition proceedings begins when an opponent files a notice of opposition. The applicant will receive the notice, and the Patent Office of the Republic of Poland will assess the admissibility. The applicant is required to submit the counter reply within the specified time. The Patent Office of the Republic of Poland will then make a decision on whether to accept or reject the application. The decision is further appealable to the District Administrative Court within thirty days of the written decision.

A trademark registration in Poland is valid for a period of ten years. The trademark must be renewed before the end of twelve months of the current term to maintain protection for an additional ten years.

However, if the renewal is not submitted on time, it can still be processed within six months after the expiration date with the requisite penalty.

A registered trademark must be actively used within five years of its registration. If the trademark is not used continuously during this period, it may be subject to cancellation following a request from a third party.

Typically, the trademark registration process in Poland takes six to eight months in straightforward cases.

Poland is positioned at the 2nd place in Eastern Europe and 9th in Europe. The number of Polish trademark filings has increased by 12.3%. Also, Poland is doing remarkably well in both domestic and abroad trademark applications, as observed by increases of 10% and 22.4% in Poland's respective residential and abroad trademark filings. Additionally, the Madrid system has experienced a 21.2% increase in foreign trademark submissions from Poland. Likewise, Madrid international trademark applications in Poland have increased by 27.8%. In addition, other strong countries including China, the United Kingdom, and Ukraine also file trademark applications in Poland.