Legal Framework
- Paris Convention
- Madrid Agreement
- Madrid Protocol
- Singapore Treaty and its Regulations
- Nice and Vienna Agreements
- Stockholm Convention establishing the World Intellectual Property Organization
- TRIPs
- PCT Convention
- EPC
- Strasbourg Agreement
- Hague Agreement and Geneva Act
- Locarno Agreement
- Visegrad Patent Institute Agreement
- Polish Industrial Property Law– Act of June 30, 2000 with amendments and its Regulations
Trademarks
Filing the Application – Requirements
- Request for registration
- Name and address of the Applicant
- Applicant’s ID number (if a natural person), Company registry number (if a legal person) Representation of the Mark (the sign)
- List of goods and services according to Nice Classification
- Priority date, country and number and the original priority document (if claimed)
- Power of Attorney signed by the Applicant
- The Application document must be signed by the Applicant or its representative
Registration Procedure
- A trademark application is subject to the payment of a filing fee
- The registration procedure takes about 12 months from the application date
- The registration is subject to the payment of a fee (fee for the 10 years of protection and fee for issuing a certificate)
Publication of the trademark application
- If a trademark application satisfies the requirements, the Polish Patent Office will publish it
- After publication, official information will be published in the Official Bulletin of the Polish Patent Office
Opposition
- Opposition against the published trademark application can be filed within three months from the date of publication in the Official Bulletin
Registration of the trademark
- If the trademark application and the sign to which it relates meet all the requirements of the examination the Polish Patent Office will register the trademark. The date of the decision on registration will be the date of registration of the trademark
Duration
- Upon payment of the ten-year registration/protection fee, the Trademark is valid for 10 years from the application date
- Upon payment of renewal fees, the Trademark can be extended for a further 10 years. The renewal fees can be paid during the last year of the previous ten year protection period
- The Renewal fee can be paid up to 6 months after the expiry of a trademark, but an additional “penalty” fee must be paid
Recording changes in the Register
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Assignment of Rights Requirements
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- Original assignment deed/agreement. If documents are prepared in a foreign language, they should be translated into English or Polish and a sworn translation is always recommended
- Original Power of Attorney duly executed by the owner of the trademark (from the Assignee) and documents confirming that the person who signed the Power of Attorney is authorized to act on behalf of the company (i.e. an extract from the commercial register)
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Change of Name Requirements
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- Change of name document (company extract, deed of association, notarial document). If documents are prepared in a foreign language, they should be translated into English or Polish and a sworn translation is always recommended
- Original Power of Attorney indicating the new name of the company, signed by the company representative and documents confirming that the person who signed the Power of Attorney is authorized to act on behalf of the company (i.e. an extract from the commercial register or other official certificate)
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Change of Address Requirements
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- Change of address document (company extract, deed of association, notarial document). If documents are prepared in a foreign language, they should be translated into English or Polish and a sworn translation is always recommended
- Original Power of Attorney signed by the company representative and documents confirming that the person who signed the Power of Attorney is authorized to act on behalf of the company (i.e. an extract from the commercial register or other official certificate)
Patents
Filing a Conventional Application – Requirements
The application must contain the following elements
- Request
- Name and address of the Applicant
- Name and address of the Inventor(s)
- Priority date, country and number, priority documents
- Description of Patent
- Patent Claim or Claims
- One or more drawings (where drawings are necessary for an understanding of the invention)
- Abstract – summary of the invention
- The document showing the assignment of rights by the Inventors in favor of the Applicant, simply signed by the Inventors
- Certificate from the International depositary authority, if the applicant refers to the deposit of biological material
- Power of Attorney signed by the Applicant
- Fee
Filing a National Phase of PCT Application – Requirements
- Name and address of the Applicant
- Name and address of the Inventor(s)
- Description of Patent
- Patent Claim or Claims
- One or more drawings (where drawings are necessary for an understanding of the invention)
- Abstract – summary of the invention
- Priority date, country and number
- International Search report
- International Preliminary Examination Report for the applications filed under Chapter II of the Patent Corporation Treaty
- PCT Request
- PCT Publication page
- The document showing the assignment of rights by the Inventors in favor of the Applicant, signed by the Inventors
- Power of Attorney signed by the Applicant
Time limits for filing a National phase of PCT Application
- The Application is to be filed with the Office within 30 months from the Priority Application date
Registration Procedure
- The Search Report issued by the Office is published after the formalities have been completed. Observations can be filed by anyone during the patent granting procedure. The person filing the observation is not party to the proceedings before the Polish Patent Office
Duration
- 20 years from the application date for conventional Patents
- 20 years from the International filing date for the National Phase of PCT patents
- Definitive plant variety protection will have a term of 25 years
- The protection fees are to be paid annually, prior to the expiration of the year for which the protection fees have been paid
Recording changes in the Register
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Assignment of Rights Requirements
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- Original Power of Attorney duly executed by the Assignee and documents confirming that the person who signed the Power of Attorney is authorized to act on behalf of the company (i.e. an extract from the commercial register)
- Assignment document signed by the Assignor and the Assignee (if documents are prepared in a foreign language – a translation is required)
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Change of Name Requirements
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- Original Power of Attorney indicating the new name of the company, signed by the company representative and documents confirming that the person who signed the Power of Attorney is authorized to act on behalf of the company (i.e. an extract from the commercial register or other official certificate)
- Extract from the Registers of Companies showing the change of name or any other document that may serve as proof of the requested change (if documents are prepared in a foreign language – a translation is required)
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Change of Address Requirements
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- Original Power of Attorney signed by the company representative and documents confirming that the person who signed the Power of Attorney is authorized to act on behalf of the company (i.e. an extract from the commercial register or other official certificate)
- Extract from the Registers of Companies showing the change of address or any other document that may serve as proof of the requested change (if documents are prepared in a foreign language – a translation is required)
Industrial Designs
Filing the Application – Requirements
- Name and address of the Applicant
- Information regarding the number of external shapes the protection is requested for
- Full and short title of the industrial design
- Representation of the design
- Description of the product according to the design or reference to the priority document
- A two-dimensional presentation of the shape for which protection is sought (photograph or a graphic presentation of the product for which protection is requested)
- Power of Attorney signed by the Applicant
- Priority document (if claimed)
- Filing fee
Registration Procedure
- Following the filing of the design application, the Polish Patent Office examines whether the application conforms to the conditions set in the regulations on industrial designs
Duration
- Design protection will have a term of five years starting on the date of filing
- Design protection can be renewed for further periods of five years, four times at the most. In the case of renewal, the new design protection period will begin on the day following the expiration date of the previous period
- Design protection cannot be renewed after the expiration of a period of twenty-five years from the date of filing
Invalidation
- A design may be cancelled in whole or in part at the request of any person having a legitimate interest therein, who is able to prove that the statutory requirements for the granting of a design have not been satisfied. The finding that the exploitation of the industrial design infringes third parties’ personal or economic rights shall also constitute grounds for the cancellation of a design
Recording changes in the Register
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Assignment of Rights Requirements
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- Original Power of Attorney duly executed by the Assignee and documents confirming that the person who signed the Power of Attorney is authorized to act on behalf of the company (i.e. an extract from the commercial register)
- Assignment document signed by the Assignor and the Assignee (if documents are prepared in a foreign language, a translation is required)
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Change of Name Requirements
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- Original Power of Attorney indicating the new name of the company, signed by the company representative and documents confirming that the person who signed the Power of Attorney is authorized to act on behalf of the company (i.e. an extract from the commercial register or other official certificate)
- Extract from the Registers of Companies showing the change of name or any other document that may serve as a proof of the requested change (if documents are prepared in a foreign language, a translation is required)
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Change of Address Requirements
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- Original Power of Attorney signed by the company representative and documents confirming that the person who signed the Power of Attorney is authorized to act on behalf of the company (i.e. an extract from the commercial register or other official certificate)
- Extract from the Registers of Companies showing the change of address or any other document that may serve as proof of the requested change (if documents are prepared in a foreign language, a translation is required)
This text is for informational purposes only and should not be considered as legal advice. Should you require any additional information, feel free to contact us.
