that want to register their trademark must apply for a trademark registration
A certain level of uniqueness and distinctiveness is mandatory in order for the trademark to be accepted for registration in Poland and company owners must follow the applicable criteria for signs and symbols used as trademarks. It is also important to be aware of the grounds for refusal in case of trademark applications in Poland.
Distinctive trademarks in Poland
Distinctiveness is the most important characteristic of a new trademark that is to be registered in Poland. Any natural or legal persons in Poland can apply for trademark protection, provided that the chosen trademark meets the following criteria:
it distinguishes from other trademarks
and it also distinguishes the goods and services of the Polish company
- does not depict the origin, quality, value, purpose or manufacturing process;
- does not infringe a third parties’ personal rights;
- it is not contrary to the public order or morality;
- it should not incorporate the Polish flag or other flags as well as international organization symbols.
A trademark that observes these requirements can be a word or a set of words a design or combination of colours, a melody or a 3D shape. Trademarks can be arbitrary, suggestive, descriptive or generic.
Trademark protection in Poland
The purpose of the trademark is to distinguish the goods and services of its company from others on the market. Therefore, any identical or similar trademarks especially is they are used for similar goods, are liable for copyright infringement.
Trademark applications are submitted to the Patent Office, which examines the application and informs the Polish company of any existing grounds for refusal.
The Polish Industrial Property Law, as well as the EU Community Trademark Regulations, are used for the purpose of trademark protection in Poland.
Our company formation experts in Poland
can help you open a company and register a distinctive trademark. You can contact us
if you have further questions about intellectual property rights and trademark protection in Poland.