Publication date: 08.10.2024
Trademark registration in Poland for Ukrainian entrepreneurs
Poland has become an attractive country for Ukrainian entrepreneurs who want to enter its market. Registering a trademark (TM) is an important step in this process, as it protects your brand and allows you to do business legally. Here are some key aspects to consider.
Advantages of trademark registration
- TM registration gives you the exclusive right to use the brand in a certain category of goods or services.
- Protection against copying and use of your brand by competitors.
- Having a registered TM increases consumer confidence in your business.
- Registered TM makes your business more attractive to franchisors.
Registration procedure
Make sure that your TM is not similar or identical to already registered marks. This can be done using the database of the Polish Patent Office.
Preparation of documents: You will need: an application for registration, a description of the goods or services for which you are registering the TM, proof of use of the mark (if any).
- Applying: You can apply online or in person at the Polish Patent Office (Urząd Patentowy RP).
- Application processing: The process can take from several months to a year. It is important to monitor the status of your application.
- Obtaining a certificate: If the application is approved, you will receive a certificate of registration confirming your TM rights.
Doing business in Poland
To do business in Poland, you need to register a company. It can be an LLC, a joint-stock company or another form. It is important to understand what taxes you need to pay and familiarize yourself with the taxation system in Poland. Remember to comply with Polish norms and standards in doing business, especially if your activity is related to the sale of goods or the provision of services. It is recommended to contact a lawyer who specializes in intellectual property and business registration in Poland. It will help you avoid mistakes and speed up the registration process. Before entering the Polish market, it is worth conducting a study of consumer demand and the competitive environment.
Legal protection of a trademark in Poland
In Poland, legal protection of a trademark can be obtained in several ways. Here are more details about each of them:
- Indicating Poland in the international application: If you already have a trademark registered in one of the countries participating in the Madrid Agreement or the Protocol on the Madrid System, you can submit an international application in which you indicate Poland as one of the countries where you want to obtain protection. The application is submitted through the World Intellectual Property Organization (WIPO). This saves time and effort, as protection is provided in several countries at the same time.
- Applying for a European Trade Mark (EUIPO): If you plan to do business in several European Union countries, you can apply for a European Trade Mark at the European Union Intellectual Property Office (EUIPO). This ensures the protection of your brand in all EU countries, which is convenient for entrepreneurs who want to reach a wide market.
- Applying directly to the Polish Intellectual Property Office: You can also apply for trademark registration directly to the Polish Patent Office (Urząd Patentowy RP). The application is reviewed for compliance with the requirements, after which an examination is conducted. If everything is in order, you will receive a certificate of registration.
Obtaining legal protection for a trademark in Poland can be done through international, European or national procedures. The choice of method depends on your business goals and go-to-market strategies. It is also recommended to consult a lawyer who specializes in intellectual property for professional assistance in the registration process.
Question
Is it necessary to have a registered trademark in Ukraine in order to register in Poland?
Answer
It is not necessary to have a registered or submitted designation in Ukraine in order to register it in Poland. You can directly contact the Polish Patent Office and apply for trademark registration for that country, even if your designation is not registered in Ukraine. This enables Ukrainian entrepreneurs to protect their brands on the Polish market without going through registration procedures in Ukraine. This can be especially useful for those who plan to expand their business in Poland, or for those who want to protect their TM rights in another country.
Question
What documents are submitted for trademark registration?
Answer
Application for trademark registration is a standard form containing information about the applicant and designation. Designation Image – a graphic representation of the TM you plan to register. Evidence of payment of the application fee – a receipt or payment order confirming payment. Agreement on the joint use of TM - if the application is submitted by several applicants, a document must be provided that regulates the procedure for joint use. Power of attorney for a patent attorney - if you engage a specialist to represent your interests, you need to issue a power of attorney. Other documents – additional documents may be required depending on the specifics of a specific designation (for example, certificates confirming the right to use certain symbols or words). Before submitting an application, it is recommended that you consult with a lawyer or patent attorney to ensure that all documents meet the requirements.
Services of a lawyer for trademark registration in Poland: detailed description
Here's how a lawyer's legal opinion and full support can help with trademark registration:
Lawyer's consultation and legal analysis of the situation: The lawyer online conducts a preliminary assessment of the selected designation for uniqueness and the presence of possible conflicts with already registered trademarks. Consultation on the correct choice of classes according to the international classification of goods and services (Nice classification). Development of a strategy for actions in case of violation of trademark rights, including the possibility of legal actions.
Filing an application: A lawyer in Poland submits an application to the Polish Intellectual Property Office (UPRP) or to the European Patent Office (EUIPO). Regular monitoring of the status of the application and timely response to any requests from the patent office. Preparation of answers to requests and comments from the patent office. Legal analysis on the legal use of the trademark, including the need to comply with the terms of use.
Filing an application: A lawyer in Poland submits an application to the Polish Intellectual Property Office (UPRP) or to the European Patent Office (EUIPO). Regular monitoring of the status of the application and timely response to any requests from the patent office. Preparation of answers to requests and comments from the patent office. Legal analysis on the legal use of the trademark, including the need to comply with the terms of use.
Involving a lawyer in the process of trademark registration in Poland not only reduces the risks associated with legal errors, but also ensures effective protection of trademark rights. The lawyer provides a professional approach at all stages, from preliminary consultation to obtaining a certificate and further protection of rights. The involvement of a legal opinion of a lawyer will help reduce the risks associated with registration and ensure the correctness of the documents in accordance with Polish legislation.
