Trademarks Law in Poland
Here’s a detailed overview of Trademark Law in Poland:
🇵🇱 Trademark Law in Poland
Poland’s trademark system is governed by:
The Polish Industrial Property Law Act (consolidated act effective since 2000, with amendments)
Poland is also fully integrated into the European Union Intellectual Property system and subject to EU trademark regulations.
The law complies with international treaties such as the Paris Convention, Madrid Protocol, and TRIPS Agreement.
Key Features:
1. Definition of a Trademark
A trademark is any sign capable of distinguishing the goods or services of one enterprise from those of others.
This includes words, logos, shapes, colors, sounds, holograms, and more.
2. Registration Authority
National trademarks are registered with the Patent Office of the Republic of Poland (Urząd Patentowy Rzeczypospolitej Polskiej).
Poland is also covered by the European Union Trade Mark (EUTM) system via the EUIPO for EU-wide protection.
3. Registration Process
Applications are filed at the Polish Patent Office or EUIPO for EUTMs.
Must specify goods/services under the Nice Classification.
The office conducts formal and substantive examination.
The application is published for opposition for 3 months.
If unopposed or opposition fails, the trademark is registered.
Registration lasts for 10 years from the filing date, renewable indefinitely.
4. Grounds for Refusal
Lack of distinctiveness.
Marks that are descriptive, generic, or misleading.
Identical or confusingly similar to earlier marks.
Marks contrary to public order or morality.
5. Rights Conferred
Exclusive right to use the trademark on the specified goods/services.
Right to sue for infringement.
Right to license or assign the mark.
6. Opposition and Cancellation
Third parties can oppose registration within 3 months of publication.
Registered trademarks can be cancelled for non-use (after 5 years) or if invalid.
7. Infringement and Remedies
Infringement includes unauthorized use causing confusion.
Remedies include injunctions, damages, destruction of infringing goods.
Criminal sanctions possible for counterfeiting.
8. International Treaties
Poland is a party to:
Paris Convention
Madrid Protocol
TRIPS Agreement
EU membership allows use of the EUTM system for broader protection.
Additional Notes:
Many businesses register both a national Polish trademark and an EU trademark depending on their market.
Poland's Patent Office also provides extensive guidelines and online filing tools.
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