Trademarks in Poland: Registration and Brand Protection
- Why register a trademark?
- Choosing the right registration path
- Trademark registration process in Poland – step by step
- Brand protection in practice
- Case study from our practice
- Conclusion
- Contact our lawyer for more details
A registered trademark is one of the most valuable assets of a business. It not only grants the exclusive right to use a particular sign for specific goods or services but also forms the foundation of a robust brand protection strategy – especially in the digital environment, where infringements are frequent and rapidly evolving.
Why register a trademark?
In Poland, brand protection can, to some extent, arise from use in the course of trade. However, only a registered trademark with the Polish Patent Office (UPRP) gives the owner full legal tools to effectively enforce their rights. Formal registration enables not only potential legal claims against competitors but also strengthens the company’s position in investment negotiations, business sales, and brand commercialization processes.
Choosing the right registration path
The first step in trademark registration is defining the territorial scope of protection. In practice, there are three main routes:
- National application with UPRP – protection limited to the territory of Poland. This is the most common option for businesses operating locally or within the Polish market.
- EU trademark application via EUIPO – a single registration covering all EU member states. This is especially attractive for businesses operating cross-border or planning European expansion.
- International application via WIPO – based on a prior national (e.g., UPRP) or EUIPO registration, protection can be extended to selected countries outside the EU (e.g., the US, Switzerland, or China).
Each of these procedures requires a separate application and compliance with specific formal requirements. Therefore, the chosen path should reflect the company’s business strategy and development plans.
Trademark registration process in Poland – step by step
- Sign assessment – Evaluating whether the trademark has distinctive character and does not conflict with prior rights.
- Defining the scope of protection – Specifying the goods or services to be covered (according to the Nice Classification).
- Preliminary clearance search – Analysing national and EU trademark databases to assess the risk of refusal or opposition.
- Filing with the Polish Patent Office (UPRP) – Preparing and submitting the application along with official fees.
- Publication and opposition period – Third parties have three months from publication to file an opposition.
- Decision and registration – If no obstacles are found (or disputes are resolved), the office issues a registration decision. Protection lasts for 10 years and can be renewed indefinitely.
Brand protection in practice
Trademark protection does not end with registration. Businesses should actively monitor the market and respond to potential infringements. Common enforcement measures include:
- Sending cease-and-desist letters to parties using identical or confusingly similar signs;
- Filing oppositions against conflicting trademark applications in UPRP or EUIPO;
- Taking action on e-commerce and advertising platforms (e.g., Allegro, Amazon, Google Ads);
- Pursuing claims in court, including injunctions, removal of effects of the infringement, and damages.
In certain cases, it is also possible to invalidate or revoke a third party’s trademark – for example, due to non-use for five consecutive years.
Case study from our practice
We know the case where a fast-growing IT company registered the name and logo of their platform several years after entering the market. Soon after, a third party filed a nearly identical trademark application with the Polish Patent Office. Through swift legal action, supported by evidence of prior use, brand recognition, and market presence, the conflicting registration was successfully blocked. Today, the company not only benefits from formal protection but also has an active monitoring and enforcement strategy in place.
Conclusion
Trademark registration is not just a formality – it is a strategic safeguard for the company’s interests. A well-designed brand protection strategy enhances the brand’s value, facilitates business scaling, and minimizes the risk of costly disputes.
At REVERA, we support clients throughout the entire process – from registrability assessments, through proceedings before UPRP or EUIPO, to the enforcement of trademark rights in practice.
If your brand needs reliable protection – in Poland or across the EU – feel free to reach out to us.
Authors: Aleksander Skirpan
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