The system for trademark protection in Poland includes the following:

• Registration
• Common law - Unregistered trademarks and trademarks of repute can be protected under the Act of 16 April 1993 on Combating Unfair Competition. Acts of Unfair Competition include the use of a confusingly similar sign during the course of trade which results in a likelihood of confusion and also free-riding on a trademark of repute.

Poland belongs to the following international treaties:

• Paris Convention
• Madrid Agreement
• Madrid Protocol
• Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks
• Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks
• Nairobi Treaty on the Protection of the Olympic Symbol
• Trademark Law Treaty ("TLT")
• Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods
• Singapore Treaty on the Law of Trademarks

The benefits of registering a trademark in Poland include:

• It entitles the proprietor to bring an infringement action
• Other: (i) The owner of a registered trademark enjoys an exclusive right over the trademark for all the goods or services for which it was applied; (ii) a trademark owner can easily prove their rights to a trademark in case of conflict, enforcement or infringement because trademark registration is confirmed by obtaining a specific registration number, recorded in a trademark register of the Polish Patent Office and issuance of the certificate of protection; (ii) registration of trademark creates an intangible asset which gives the advantage to the trademark owner. A registered trademark can be sold, assigned, licensed, franchised or commercially contracted. (iii) the trademark owner can use the ® symbol next to the trademark stating that it is a registered trademark.

Service marks

Yes

Defensive marks

No

Collective marks

Yes, associations of manufacturers, producers, suppliers of services or traders, as well as legal persons governed by public law, can apply for a collective mark. The condition is that the use of a collective mark should not be contrary to the public interest and should not mislead the public, in particular, if it may be considered as an indication other than a collective mark. The rules of using a collective mark are obligatorily specified in the regulations of the mark adopted by the applicant.

Certification marks

Yes, a certification mark may be granted to a natural or legal person, including institutions, authorities, and public law entities, that does not conduct business activity covering the supply of products of the same type as certified products. The purpose of a certification mark is to distinguish products certified by an entity authorized for that mark, in particular with regard to the material used, the manner of production of the products, their quality, precision or other properties, from those products which are not certified in this manner. The condition is that the use should not be contrary to the public interest and should not mislead the public, in particular, if it may be considered as an indication other than a certification mark. The rules of the use of a certification mark are defined in the regulations on the use of a mark. The party eligible under the right of protection for a certification mark may not decline, without major reasons, the right of use of the mark to persons who meet the conditions laid down in the regulations.

Well-known marks

No

Series marks

No

Marks in a different language or characters other than Roman characters

Yes, such a mark will be considered a figurative mark. It must be represented by submitting a reproduction of the mark, showing all its elements and, where applicable, its color(s).

Non-traditional marks: Sound marks

Yes, representation of a sound mark consisting solely of a sound or a combination of sounds must be presented by submitting either an audio file (MP3 up to 5 MB) which can be played or sheet music (on paper or as a JPEG file) containing all of the elements essential for the interpretation of the tune (for example key, tempo, lyrics). Only one form must be selected to present the mark, so it is not possible to submit both an audio file and sheet music at the same time.

Non-traditional marks: Smell marks

Yes, theoretically it is possible to register smell marks. However, at the moment there are no technical means to allow them to be reproduced in the register in a clear, precise, separate, easily available, understandable, durable, and objective manner so that the competent authorities and the public are able to determine clearly and precisely the item registered by the trademark owner.

Non-traditional marks: Position marks

Yes, this type of mark must be represented by submitting a reproduction that identifies appropriately the position of the mark and its size or proportion with respect to the relevant goods. The representation may be submitted as photography or print. The representation should clearly define the position of the mark and its size or proportion with respect to the relevant goods. The elements that do not form part of the subject matter of the registration must be visually disclaimed, preferably by broken or dotted lines. A description that accords with the representation of the mark may be added to indicate how the sign is affixed to the goods.

Non-traditional marks: Color marks (i.e. registration of a single color or a combination of colors, e.g. Cadbury's purple color)

Yes, a color mark must be represented without contours on photography or print. It is also necessary to provide a color used in a mark in accordance with the classification indicated in the Vienna Agreement. It is advisable to file a reference to a generally recognized color code, such as Pantone, Hex, RAL, RGB or CMYK (preferred is RGB). For a combination of colors, a systematic arrangement of the colors in a predetermined and uniform way should be specified. A description of the mark should be provided if representation alone is not sufficient to fully illustrate it.

Non-traditional marks: Shape or three-dimensional marks

Yes, a shape or three-dimensional mark should be presented in the form of a drawing or photography showing its general appearance, or several drawings or photographs next to each other - when its distinctive features are located on different planes. A description of the mark should be provided if representation alone is not sufficient to fully illustrate it.

Documents and information required to file a trademark application in Poland include:

• Name and address of the applicant
• Representation of the trademark
• Goods and services and the class(es) for which the trademark is to be registered
• Certificate of Incorporation (if the applicant is a company) 
• Power of Attorney
• Other: (i) proof of payment of the application fee; (ii) proof of payment of the fee for a Power of Attorney; (iii) priority document or evidence if priority is claimed; (iv) regulations governing the use of the mark, if the applicant applies for a protection right of a collective mark or a  certification mark. Documents executed by the applicant do not need notarization or legalization.

No, multi-class applications are permitted in Poland. There is no maximum number of classes prescribed for each application. 

Yes, there are substantive examinations of trademarks on the following grounds:

• Substantive grounds

Absolute grounds for refusal of a trademark in Poland include:

• Mark consists of a non-invented word(s)
• Mark has direct reference to the character or quality of the goods or services
• Mark is not distinctive
• Mark consists of a geographical name
• Mark consists of letters of the alphabet
• Mark consists of numerals
• Mark consists of geometric shapes
• Other: (i) mark consists exclusively of components which are part of everyday speech or are customarily used in fair and well-established trade practices; (ii) mark consists only of a shape or other property of a product, arising from the very nature of the product, necessary to achieve a technical effect or increase significantly the value of the product; (iii) mark applied for in bad faith; (iv) mark which incorporates an element of a high symbolic value, e.g. religious, patriotic, or cultural nature, the use of which would be offensive to religious feelings, sense of patriotism, or national tradition; (v) mark which incorporates a symbol of the Republic of Poland (emblem, national colours, or national anthem) etc. unless the applicant is able to show an authorisation issued by a competent state agency or local administration authority, or a permission given by an organisation to use the sign in trade; mark which incorporates a name, symbol (crest, flag, emblem) etc. of a foreign country, unless the applicant is able to show an authorisation issued by a competent authority which confers upon the applicant the right to use such a sign in trade; (vi) mark which incorporates an officially recognised sign adopted for use in trade, in particular a safety, quality, or verification mark, insofar as this could mislead the public as to the nature of such sign, unless the applicant proves that they are authorised to use such a sign; (vi) mark which may mislead the public, in particular as to the nature, quality, or the geographic origin of the goods; (vii) mark which constitutes or recaptures in its essential elements the name of a plant variety registered with an earlier priority in the Republic of Poland or under the EU law or an international agreement binding for the Republic of Poland, providing for the protection of rights of plant varieties, and apply to plant varieties of the same species or strictly correlated species.

Relative grounds for refusal of a trademark in Poland include:

• There is a prior application for registration or registration for an identical or confusingly similar mark in relation to the same goods or services as the subject mark
• There is a prior application for registration or registration for an identical or confusingly similar mark in relation to similar goods or services (although in a different class) as the subject mark
• Well-known mark: There is a well-known mark that is identical or so nearly resembling the subject mark for the same goods or services as the subject mark
• Well-known mark: There is an earlier registered mark that is well-known for different goods or services and the use of the subject mark would indicate a connection between goods or services covered by the subject mark with the proprietor of the well-known mark.
• Other: (i) Personal or property rights of third parties; (ii) Commonly used mark: there is a commonly used mark in Poland which is identical or similar to the subject mark and that is used for identical or similar goods or services as the subject mark, where there is a risk of misleading the public, particularly by evoking associations between the commonly used mark and the subject mark; (iii) Geographical indication: there is a registered geographical indication protected under the national legislation or the EU law.

The time period from application to registration in Poland is between 6-12 months. 

No, late renewal of trademark registration is not permissible in Poland. 

No, evidence of use does not need to be submitted to the trademark office in order to maintain an application for registration or registration of a trademark in Poland.

No, trademark licensees are not required to record themselves with the Registrar in Poland. However, it is recommended. The holder of an exclusive license recorded with the Registrar may, as the trademark holder, pursue claims for trademark infringement, unless the license agreement provides otherwise. Also upon the recordal of the license with the Registrar, there is the presumption of the authenticity of the entry and its effectiveness for everyone.

Available enforcement methods in Poland include:

• Civil enforcement
  • Infringement action
  • Passing off
• Criminal enforcement
• Administrative enforcement
• Border or other administrative enforcement measures

None identified.