The short answer
A Polish trade mark right lasts 10 years from the filing date and is extended by decision for further 10-year periods. File the extension request in the last year or within 6 months after expiry with an additional fee, and the 6-month limit cannot be restored. After the application is published, the owner of an earlier right has 3 months to oppose, and this deadline is non-restorable. A mark lapses after 5 successive years of non-use.
Trademark deadlines in Poland at a glance
These rules come from the Act of 30 June 2000 Industrial Property Law, in the English text on WIPO Lex (Journal of Laws 2013 item 1410 as amended, including the opposition system added in 2016). WIPO Lex lists amendments up to 2023, so we confirm the latest Polish text and fees before we file.
| Question | Answer |
|---|---|
| How long does a trademark last? | 10 years, extendable by decision for subsequent 10-year periods (Article 153). |
| Which date does the term count from? | The date of filing of the application with the Patent Office (Article 153(2)). |
| When can I renew? | The owner submits the extension request before the running period ends but not earlier than one year before expiry, together with the protection fee (Article 153(4)). |
| Is there a grace period? | Yes. The request can also be submitted within 6 months after expiry on payment of an additional fee, but this time limit cannot be restored. If the request or fees come later, the Patent Office refuses the extension (Article 153(5) and (6)). |
| Opposition period | Within 3 months from the publication of the application, the holder of an earlier trade mark or of an earlier personal or economic right can file an opposition, with the fee, on the grounds in Article 132(1)(1) to (3). The deadline cannot be restored. The parties then have 2 months, extendable to 6, to settle (Articles 15217 and 15219). |
| Reply to an office action | The Patent Office examines the application and the applicant can answer objections. Third parties can also send observations on absolute grounds after the application is published. A refusal can be challenged under the Act and the administrative procedure (Articles 129, 1461 and 145). |
| Priority claim | Priority under the Paris Convention applies, which is 6 months from the first filing for trade marks. Claim it with the application and file the priority documents as the Patent Office requires. |
| Non-use | The right of protection lapses if the registered mark has not been put to genuine use for the goods for 5 successive years after the decision granting the right, unless there are serious reasons for non-use. The Patent Office decides on the lapse at the request of any party (Article 169). |
| Assignment | The right of protection can be transferred or inherited (Article 162). The transfer is entered in the Trade Mark Register on request. Ask us for the current form and fee. |
Who can register a trademark in Poland
Individuals and companies from any country can apply under the Act or an international agreement. Foreign persons enjoy the rights on the basis of international agreements and reciprocity (Article 5). Goods and services follow the Nice Classification.
Representation. Foreign applicants normally act through a Polish patent attorney, and documents in other languages must be translated into Polish (Article 15217(5)). We confirm the current representation rules for applicants without a Polish seat before filing.
Trademark registration process in Poland
Search
- Search the the Patent Office of the Republic of Poland (UPRP) records for identical or similar marks in your classes.
File the application
- File with the the Patent Office of the Republic of Poland (UPRP), through your Polish patent attorney.
- Claim priority at filing if you filed abroad recently.
Examination
- The office examines the application and tells you in writing if there is a problem. We reply within the time set in the notice.
Publication and opposition
- An accepted application is published.
- After publication, the owner of an earlier right can oppose within 3 months. The limit cannot be restored (Article 15217).
Registration
- If there is no opposition, or it fails, the mark is registered and a certificate is issued.
Official fees are set by the the Patent Office of the Republic of Poland (UPRP) and change. We confirm the current fee for your classes before we quote, so the figure you see is the one that applies on the day.
Poland trademark validity and renewal
- The term is 10 years from the filing date.
- Request an extension in the last year before expiry.
- A request within 6 months after expiry needs an additional fee and the limit cannot be restored.
- Use the mark in Poland to avoid lapse after 5 successive years.
Diarise the expiry date from the date stated on your certificate and renew early.
Assignment, licence and changes to a Polish trademark
Transfer
Change of ownership
The right is transferable and the transfer is entered in the Trade Mark Register (Article 162).
Licence
Licensing the mark
Licences can be entered in the Register. Ask us for the procedure.
Collective marks
Associations
The Act has separate rules for collective and collective guarantee marks (Articles 136 and 137).
Name or address
Change of details
Notify the Patent Office so the Register and certificate are correct.
Non-use and cancellation of a Polish trademark
Under Article 169, the right of protection lapses for 5 successive years of non-use, for becoming a customary mark, or for misleading use. The Patent Office decides at the request of any party. Invalidation is a separate procedure under the Act.
Keep dated proof of use in Poland: invoices, packaging, advertising and website pages that show the mark with the goods or services.
How to check a trademark in Poland
Search the trade mark register on the Patent Office website and watch the "Biuletyn Urzędu Patentowego" bulletin, where applications are published. The 3-month opposition period runs from publication.
Sources used
- Act of 30 June 2000 Industrial Property Law (Journal of Laws 2013 item 1410 as amended), English text on WIPO Lex: Articles 5, 129, 146, 153, 15217, 15219, 162 and 169.
- Patent Office of the Republic of Poland (UPRP) for the register, forms and fees.
Poland trademark FAQ
How long does a trademark last in Poland, and from when?
10 years, extendable by decision for subsequent 10-year periods (Article 153). It counts from the filing date (Article 153(2)).
When should I renew a Polish trademark, and is there a grace period?
The owner submits the extension request before the running period ends but not earlier than one year before expiry, together with the protection fee (Article 153(4)).
What is the opposition period in Poland?
Within 3 months from the publication of the application, the holder of an earlier trade mark or of an earlier personal or economic right can file an opposition, with the fee, on the grounds in Article 132(1)(1) to (3). The deadline cannot be restored. The parties then have 2 months, extendable to 6, to settle (Articles 15217 and 15219).
How much does it cost to register a trademark in Poland?
The official fee is set by the the Patent Office of the Republic of Poland (UPRP) and changes. We confirm the current fee for your classes and quote the full cost before filing.
Can a foreign company register a trademark in Poland?
Yes. We file through a Polish patent attorney and provide Polish translations where documents require them. We confirm the current representation requirements before filing.
Can I assign a Polish trademark?
The right of protection can be transferred or inherited (Article 162). The transfer is entered in the Trade Mark Register on request. Ask us for the current form and fee.
Can a Polish trademark be cancelled for non-use?
The right of protection lapses if the registered mark has not been put to genuine use for the goods for 5 successive years after the decision granting the right, unless there are serious reasons for non-use. The Patent Office decides on the lapse at the request of any party (Article 169).
How can I check the status of a Polish trademark?
Use the the Patent Office of the Republic of Poland (UPRP) register and check the publication, registration and renewal dates.
Can I claim priority from my home country?
Priority under the Paris Convention applies, which is 6 months from the first filing for trade marks. Claim it with the application and file the priority documents as the Patent Office requires.
How do I change the owner's name or address?
Record the change with the the Patent Office of the Republic of Poland (UPRP) so notices and renewal reminders reach the right address. Ask us for the current form.
Protect your brand in Poland
SUPREMEiP® files trademarks worldwide through its network and checks every Polish deadline against the law. Send us your mark and we will tell you the route, the deadlines and the cost.
