POLAND

• Kinds of Trademarks registrable in POLAND

  • Following indications may be used as Trademarks in Poland:

    1. Words
    2. Drawings
    3. Designs
    4. Ornaments
    5. Devices
    6. Names
    7. 3D Shapes of goods or of their packaging
    8. Sound Marks
    9. Sounds such as melodies & beepsCombination of all of the above.

    Types of Marks registrable:

    • Collective marks
    • Certification marks
    • Marks for non-commercial purposes
    • Service marks
    • Well Known marks
• Requisites for a Trademark to be registrable in POLAND

  • Trademarks must contain the following essential requirements to be registrable in Poland :

    1. Distinctiveness
    2. Non-descriptiveness of the goods and / or services
    3. Not be a well known term in the line of business, trade channels of the applicant
    4. Not be same / similar / identical either visually and/or phonetically  to prior registered marks pending registration.
• Kinds of Trademarks not registrable in POLAND

  • Applicants should bear in mind that the following will not be registrable as Trademarks in Poland:

    1. Trademarks that may not be trademarks as per  the Act;
    2.  Trademarks not having sufficient distinctive characteristics (eg, those that consist exclusively of elements which may serve in trade to designate the type of product, its origin, quality, quantity, value, destination, method of manufacture, composition, function or usefulness, or have entered the language ordinary or customary in the bona fide and established practices of the trade);
    3. Those Trademarks  the use of which violates personal rights or property of third parties;
    4. Trademarks that are contrary to public policy or morality;
    5.  Trademarks which by their nature can mislead the public, particularly as to the nature and properties of the goods & services;
    6. Trademarks that are submitted in bad faith to the Patent Office for protection;
    7. Trademarks containing the names, abbreviations or symbols to use in the course of which the applicant does not permit the competent authority of either organization;
    8. Trademarks containing symbols, in particular of a religious, patriotic or cultural nature, whose use could hurt religious sentiments, patriotic or national tradition;
    9. Trademarks Constituting a form or being a feature of the goods or their packaging, which is necessary to obtain a technical refusal, or increases the importance of the value of the goods.
    10. Trademarks identical or similar to a mark registered or applied for registration (if such a trademark is registered) having priority on behalf of another person for identical or similar goods.

    TrademarkCopia through its associate Law Firms and Lawyers in Poland is at hand to help you with trademark registration and prosecution.

• Trademark Search in POLAND

  • Before filing a trademark application, it is highly advised to search the databases of the IP office to ascertain that the proposed mark does not conflict with prior registered marks & marks pending registration.

    A search is useful in determining the following:

    1. Conflict with existing trademarks.
    2. Confirm validity of the proposed trademark.
    3. Evaluate the filing of the application and assess the risk of nullity and 3rd party claims.
    4. Strategise on the kind of mark to file regarding the denominations such as figurative, coloured, black & white etc.
    5. Search is a useful tool prior to filing of applications since search concerning prior pending marks carried out by the Polish Patent & Trademark Office.

    Our Attorneys are at hand to assist you with searches and provide opinions about registrarbility of the proposed / coined trademark in Poland.

• Trademark Filing in POLAND

  • Filing is done with the Trademark office of Poland.

    Applicant has to furnish the following documentation for filing:

    1. Name of the applicant
    2. Logo (if any) in B/W or Colour
    3. Address along with nationality of the Applicant
    4. Classes in which Registration is sought.
    5. Power of Attorney (POA)
    6. Details regarding Goods and Services for which registration sought
       (Goods and Services classified as per NICE classification)
       (Vienna Agreement for figurative mark)

    TRADEMARKCOPIA.COM Attorneys will assist you with:

    • Filings
    • Infringement & Opposition Actions
    • Renewals
    • License and Assignment procedures
    • Trademark Watch Services
• Trademark Examination in POLAND

  • Once the trademark application is filed, it is examined to ascertain fulfillment of all the requisites by way of formality examination and substantive examination.

    Non-fulfillment of any of the requisites is an absolute ground for refusal of registration of the trademark application.

• Trademark Publication & Opposition in POLAND

  • Once the trademark application is examined, it is published and third parties are to file their opposition within stipulated time.

    If the trademark application does not encounter any opposition, it proceeds for registration.

    TrademarkCopia through its experienced Trademark Lawyers and Trademark Attorneys in Poland can comprehensively assist you with trademark opposition and prosecution.

• Trademark Registration in POLAND

  • Decision to grant protection to the trade mark is taken after subjecting the application to examination to ascertain whether it meets the statutory requirements for grant of rights.

    Once the trademark application is accepted for registration, the trademark office will enters the trademark’s details onto the trademark journal and issues Certificate of registration.

    Trademark registration in Poland is valid for 10 years from the date of application filing after which it can be frequently renewed for another 10 years.

    Rights of Trademark Owners:Trademarks may be:

    • Exclusively used by the owners of the registered trademarks.
    • Transferred in whole or in part- Inherited
    • Assigned and licensed.
    • Mortgaged and creditors may seize such trademarks belonging to their debtors.
    • Licensed to natural or legal persons
    •  Prevented from unauthorized usage by third parties
    • The subject of appropriate redressal from a court of law upon infringement
• Trademark Usage in POLAND

  • Pre-Registration: Usage of a mark prior to registration is advantageous to the prior user who has been continuously using the mark for his business locally. Further, if the mark has become well-known in Poland owing to prior substantial use nationwide, prior unregistered user may even apply to cancel the subsequent mark

    Post -Registration: The registered mark has to be used continuously within 5 yrs. post registration, failing which the mark could become vulnerable to cancellation for non-use.

    However, resuming the mark for usage post 5 yrs. of non activity would revalidate the registration provided there has been no filing for cancellation by third parties in the interim.

• Trademark Cost of Registration in POLAND

  • Please write mail for the cost of registration of trademark in Poland or European Union to the mail address given below:

    contact@trademarkcopia.com