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Poland Trademark Registration

Poland is a member of the Madrid Agreement, the Madrid Protocol and a member of the European Union. Trademark protection is obtained by registration. It can also be acquired by sufficient public recognition.

Requirements

A trademark application has to be filed before the Patent Office by a local agent. A non-legalized power of attorney is sufficient. Foreign applicants do not need a domestic registration.

Procedure

The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks. It takes approximately 2 years from first filing to registration. After registration, the trademark is published in the monthly "Wiadomosci Urzedu Patentowego". An opposition may be filed only after the registration has been granted. The opposition period is 6 months from the publication date of the registration in the 'Wiadomosci Urzedu Patentowego'.

Duration

A trademark registration in Poland is valid for 10 years and starts with registration date. The registration is renewable for periods of 10 years.

Methods

NATIONAL REGISTRATION: If you just want to register your Trademark in one country, it is sufficient to apply for a national registration at the local trademark office. EUROPEAN UNION (COMMUNITY TRADEMARK): Since this country is a member of the European Union, Trademark Protection could be obtained by registration of a Community Trademark (CTM), which is valid for a period of 10 years in all countries of the European Union. INTERNATIONAL REGISTRATION (MADRID SYSTEM)*: If you already have filed a trademark application or have a trademark registration in one or more countries of the Madrid Union (based on the Madrid Agreement and Madrid Protocol), you can obtain trademark protection by filing one single application, so called International Registration (Madrid System). *Note: The fees for an International Trademark Application (WIPO) will be calculated for each individual country or multiple countries. For a quotation please send us an e-mail with the name of countries where you currently have a registration and all preferable countries where you wish to extend your trademark protection.

Extra

Duly note, if the trademark has not been used within 5 years from issue of the registration certificate or has not been used later for a continuous period of 5 years, it may be subject to cancellation.

Area Practice:

INTELLECTUAL PROPERTY

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