Trademarks in Poland

Competent Authority & System

Official Authority: Patent Office of the Republic of Poland / Urząd Patentowy Rzeczypospolitej Polskiej (PPO / UPRP).

Official Language: Polish (All application documents, specifications, and proceedings must be conducted in Polish).

System: National IP system based on the Industrial Property Law (Prawo własności przemysłowej). As an EU Member State, protection in Poland can also be obtained via European Union Trademarks (EUTM) administered by the EUIPO.

International Treaties

Madrid System: Member of both the Madrid Agreement and the Madrid Protocol (since March 18, 1991 / March 4, 1997). Poland can be designated in international applications via WIPO.

Paris Convention: Member state; convention priority can be claimed within 6 months from the initial filing date.

Applicant & Representation Requirements

Entitlement: Both natural persons and legal entities (domestic or foreign) are eligible to apply.

Representation for Foreign Applicants: Non-resident applicants from outside the European Union (EU) or European Economic Area (EEA) must be represented by an authorized local Polish representative (rzecznik patentowy) or advocate/representative-at-law (adwokat / radca prawny) admitted to practice in Poland.

Power of Attorney (POA): Required when represented. A simple signed Power of Attorney is accepted; notarization or Legalization/Apostille is not required. (A minor stamp duty fee of 17 PLN applies to power of attorney filings).

Online Services & Database

E-Filing: Electronic application filing is fully operational via the UPRP online platform (PUEUP).

Free Trademark Search Database: Public searches are accessible free of charge via the official UPRP Register Database (Portal PUEUP / Bazy Danych UPRP), as well as TMview, EUIPO eSearch plus, and the WIPO Global Brand Database.

Registrable Mark Types

Types: Words, logos, figurative elements, combined signs, 3D shapes/packaging, color combinations, single colors, sounds (audio files), motion, multimedia, pattern, and position marks capable of clear visual or digital representation in the register.

Foreign Characters & Translation: Applications featuring non-Latin scripts or non-Polish wording must include a transliteration into the Latin alphabet and a translation into Polish.

Classification Framework

Nice Classification: Applies the active edition of the Nice Classification.

Multi-class Filings: Permitted under a single application.

Class Headings: Accepted, provided they conform to standard EU common practice (IP TRANSLATED principles) for clarity and precision.

Examination Process

Examination Scope:

Formal & Absolute Grounds: Examined ex officio by UPRP (distinctiveness, descriptiveness, genericness, public policy, deceptive signs, bad faith).

Relative Grounds: UPRP does not evaluate or refuse applications on relative grounds (prior conflicting trademarks) ex officio. Earlier rights holders are notified via search notices and must enforce their rights through third-party opposition proceedings or court cancellation.

Office Action Deadlines: Standard response time for formal deficiency letters or provisional refusal notices on absolute grounds is typically 2 months from official notification (extendable upon request).

Publication & Opposition

Opposition Window: 3 months starting from the publication date of the application details in the official IP gazette (Biuletyn Urzędu Patentowego - BUP).

Standing: Owners of earlier registered Polish trademarks, pending applications with earlier priority, EUTMs, well-known marks under Article 6bis of the Paris Convention, or trade names. Opponents may be requested by the applicant to provide proof of genuine commercial use if the prior mark has been registered for more than 5 years.

Timeline & Expedited Examination

Average Timeframe: Approximately 5 to 8 months from filing to registration in smooth cases without office objections or third-party oppositions.

Expedited Examination: Fast-track examination procedures are not standardly offered as a commercial paid service, but smooth digital filings move efficiently through UPRP online workflows.

Official Fees

Official statutory fees at UPRP (two-stage payment structure):

Stage 1: Application Filing Fee

Online Filing (1st Class): 400 PLN.

Paper Filing (1st Class): 450 PLN.

Additional Class Fee (E-Filing or Paper): 120 PLN per class exceeding the 1st.

Stage 2: Registration Grant & Protection Fees (Payable upon allowance)

Protection Fee (10 Years): 400 PLN per class.

Publication Fee: 90 PLN.

Total Official Fee (1 Class, E-Filing): 890 PLN (400 PLN filing + 400 PLN 10-year protection + 90 PLN publication).

Power of Attorney Stamp Duty: 17 PLN.

Duration & Renewal

Validity Period: 10 years calculated from the filing date.

Renewal Duration: Renewable indefinitely for consecutive 10-year terms. Renewal applications can be filed within 12 months prior to expiration.

Grace Period: A 6-month grace period post-expiration is allowed for late renewal, subject to an official late payment surcharge (30% increase on renewal fees).

Use Requirements & Priority System

Priority System: First-to-file system.

Non-Use Cancellation: A registered trademark becomes vulnerable to revocation on non-use grounds if it has not been put to genuine commercial use in Poland for a continuous period of 5 years post-registration.

Declaration of Use: No periodic maintenance declarations or affidavits of use are required during routine 10-year renewals.

Post-Registration Transactions

Recordals: Rights assignments, licensing agreements, pledges, and changes of corporate details (name/address) must be officially registered in the Register at UPRP to be enforceable against third parties.

Legal Remedies & Enforcement

Cancellation & Invalidity: Non-use revocation actions and absolute/relative invalidity claims are filed administratively with the UPRP Adjudicative Board (Kolegium Orzekające UPRP) or brought before specialized IP courts (Sądy własności intelektualnej).

Customs Enforcement: Brand owners can file applications for customs border detention with National Revenue Administration (KAS / Polish Customs) under EU Customs Regulation (EU) No 608/2013 to intercept counterfeit or infringing goods at the border.

Country-Specific Risks & Practical Insights

Two-Stage Statutory Fee Model: UPRP splits fees into filing fees upfront (400 PLN online for 1 class) and registration/publication fees (400 PLN per class + 90 PLN publication) payable only after the mark clears examination.

No Ex Officio Relative Grounds Refusal: UPRP evaluates absolute grounds only. Conflicting prior marks are not cited ex officio by examiners; brand owners must actively monitor publication notices in BUP to file oppositions within the strict 3-month window.

Proof of Use in Opposition: Applicants facing opposition before UPRP can require the opponent to prove genuine commercial use of their mark if it has been registered for more than 5 years.

This article is for informational purposes only and does not constitute legal advice or consultation. To receive personalized and in-depth guidance tailored to your specific situation, we invite you to schedule a consultation.

Poland is also covered by the EU trade mark, which protects a mark in all EU member countries with one filing. See regional systems.