波兰商标注册所需资格材料和审查流程

1. Brief introduction to Polish trademark registration

1. The 1994 EAA Agreement entered into force between Poland and the EU. This makes the registration of packaging trademarks easier, including packaging decoration and decoration of the shape of the goods. The European Commission ’ s restrictive instructions stipulate that packaging trademarks based on the nature of commodities are not registered, and the shape of the technical effect and / or product added value are not registered. The new agreement also provides that the principle of exhaustion of trademarks may be brought before the EU.

It is noteworthy that Poland refused to join the EU on 29 November 1994.

Polish Congress passed the amendment of Polish Trademark Law on December 22, 1995. This revision includes : the application can be registered in the Bureau of Commodities without prior notice, the time limit for re-statement request to abandon the application is shortened to 2 months, and the application for various categories of titles in the international classification system is no longer accepted. The application for designated goods and services must be listed in the relevant international classification.

2. Polish Trademark Law and Collective Trademark Law were enacted in March 1961.

3. In Poland, the acquisition of trademark rights is based on the principle of registration.

4. In Poland, goods, services and collective trademarks may apply for registration.

( 5 ) At present, Poland is a member of the Paris Convention for the Protection of Industrial Property, the International Classification of Goods and Services for Trademark Registration and the World Intellectual Property Organization.

6. The Protocol to the Madrid Agreement was implemented in Poland on March 29, 1996, which is a member of the pure protocol.

National abbreviation : NO.

2. Trademark registration process and details required

1. Polish Trademark Inquiry

Check the Polish official trademark manual to exclude the possibility that the proposed registered trademark and prior rights trademark are rejected for the same or similar reasons.

2. Polish trademark application

The application for acceptance and review of trademark registration is submitted to Polish Patent Office.

3. Description of trademark registration :

Belong to ' Madrid trademark international registration ' member countries ; other international conventions and international organizations to which they are parties : ' Paris Convention for the Protection of Industrial Property Rights ', ' Ness Agreement on the International Classification of Goods and Services ', World Intellectual Property Organization, European Union ;

4. Time required for trademark registration : 12 – 15 months ; trademark registration validity : 10 years, from the date of submission of trademark application ; registerable trademark types : commodity trademark, service trademark, collective trademark ;

renewal of registered trademarks : applications can be filed within one year before the expiry of the trademark registration period, or within the six-month extension period after the expiry of the registration period, and the renewal period is 10 years ; the cancellation time of registered trademark is 3 years.

5.       The applicant ' s subject qualification : Anyone engaged in commercial activities can apply for a registered trademark and obtain the exclusive right of trademark. However, when a person who does not engage in commercial activities in Poland applies for a registered trademark, he or she shall issue a certificate that he or she has the registered trademark. The trademark shown in the proof should be consistent with the application for registered trademark in Poland, and the scope of protection for registration in Poland will not be greater than that for registration in its country of origin.

6. Documents required for application :

( 1 ) Trademark pattern.

( 2 ) An application signed by the applicant.

( 3 ) Copy of domestic registration, without certification.

7. Review process : The Patent Office will review the form of application documents, the registrability of trademarks and whether there is prior identical or similar registration or application. If the application authority finds that the application document is defective, it will notify the applicant to correct it within a time limit. If the applicant does not respond within the time limit, it will be regarded as automatically abandoning the application. However, within four months of the expiration of the period, the applicant 's application will be reconsidered if a fee is paid. If the amended application fails to meet the statutory requirements, the review authority will reject it.

Note : 1. Cases need to be quoted according to specific cases.

2. The cost will be adjusted for exchange rate or other reasons, the above costs are reference prices, specific costs please call for consultation.

Others : * Term of trademark objection : 2 months * Continuous non-use of revocation time : 5 years

* Official language : Polish / English