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Is there a time frame for the trademark registration approval?
The average time frame for the registration approval is 18 months, if no objections or oppositions arise.
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If I register my trademark in Poland, do I have protection in other territories?
No. The mark will be protected only in Poland.
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Do I need to sign a Power of Attorney?
Yes. A power of attorney is necessary to complete an application.
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Are there any benefits from a pre-filing use of the trademark?
Yes, but the benefits are minimal since rights are primarily established through registration. Pre-filing use may enable the applicant to show the mark’s distinctiveness and use it to defeat third parties opposing on the ground of non-distinctiveness.
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Will there be problems in case I don’t use my trademark after registration?
Yes. Non-use of a registered mark is a valid ground for revocation.
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What are the types of trademark that can be registered in Poland?
You may register any mark that can be replicated graphically and any sign that can add distinguishing qualities to a good or service. It can be a:
- Name
- Word
- Motion
- Hologram
- Device
- Shape (with 3 dimensions)
- Slogan
- Colour
- Sound
- Trade-dress
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What are the phases of application after a trademark has been filed in Poland?
The sequence of the application process is as follows:
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Examination – Once the application was submitted to the trademark office, it will be examined according to its: formality, deceptiveness, classification, descriptiveness and distinctiveness.
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Publication – The application details will be published online and in print for the public to see. Publication will allow third parties to challenge the application. Particulars that will be published include: mark, goods/services, number and date of application, name and address of applicant, priority claim, and class number.
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Registration – Once the prosecution procedure is done, the oppositions are overcome, and if there are no other grounds for refusal, the registration will then be issued by the authorities.
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What type of trademark is not registrable?
The following marks are prohibited from registration:
- Marks that are in conflict with standards of moral and public order
- Marks that consist of general words or terms that have broad meaning
- Marks that contain flags, symbols and names of international organizations, regions, states and nations without authorization from its respective authorities
- Marks that lack acquired distinctiveness
- Marks that serve principally as a name of a geographic location
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Does Poland use the "Nice Classification" system?
Yes. Poland uses the Nice Classification system. A single application is needed to cover multiple classes of goods/services; if the mark will be used for more than one class of goods/services.
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Does the Community Trademark apply for Poland?
Yes. Community Trademark is effective in Poland. Note that Community Trademark has now changed its name to European Union Trade Mark (EUTM).
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Is there any possibility to claim priority in Poland?
Yes. It is possible to claim the filing date in your home country as the filing date in Poland provided that:
- Your home country is a member of the Paris Convention
- The filing date in your home country does not exceed 6 months from the date of application in this jurisdiction
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What do I need to do to satisfy the use requirement?
The mark must be continuously used for a period of 5 years. The amount of use is not specified by law but use must occur in Poland.
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Once my trademark has been registered, for how many years will be valid?
The mark will be valid for 10 years counting from the date of application.
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What will be the renewal date of my trademark?
The first renewal of the mark will occur ten years from the filing of application date.
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Is it legal to use my trademark even if it is not yet registered?
Yes. It is legal to use a mark for goods/services even if it is not yet registered.