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Benelux trademark protects Belgium, Netherlands and Luxemburg. In order to obtain trademark protection in Benelux you can register your trademark in two ways: First option is that you request registration in the entire European Union with one single application; this can be done via the European Union Trademark which grants trademark protection in the 28 country members of the EU (more info here). Second option is that you register directly your trademark in Benelux. If you want to proceed this way please follow the steps described belows.
Step 1 - Trademark Study
Before filing your trademark in Poland, you must evaluate any issues that may arise during the registration process. Our Comprehensive Study not only lists similar trademarks (graphic and phonetic) that may conflict with yours but also provides you with an Attorney's opinion on the trademark registration possibilities and the class(es) that your goods/services belong to.
Graphic and phonetic similarity trademark search report
Trademark attorney's analysis and advice
Trademark class recommendation
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Step 2 - Trademark Application
Specialized attorneys will file your trademark application in Poland and carry out all the necessary formalities to bring your application for approval and registration. As soon as your trademark is filed, we will send you a filing report that will include the application number and application date. Also, we will send you a scanned copy of the filed application.
Process handled by experienced trademark attorneys
Filing report and a scanned copy of the application
Online tracking of the registration process
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Step 3 - Trademark Certificate
Once your trademark application is approved, our attorneys complete all the formalities necessary to obtain the registration certificate in Poland. After the certificate is issued, it is forwarded to your address along with a registration report specifying the registration number, registration date, and any special consideration that should be taken into account in Poland.
Process handled by experienced trademark attorneys
Registration report and delivery of the registration certificate
Monitoring and notification of important dates
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**If you know your registration possibilities, you can proceed directly with service: Step 2 - Trademark Application
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 Frequently Asked Questions
Trademark Registration
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Is there a time frame for the trademark registration approval?

The average time frame for the registration approval is 18 months, if no objections or oppositions arise.

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If I register my trademark in Poland, do I have protection in other territories?

No. The mark will be protected only in Poland.

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Do I need to sign a Power of Attorney?

Yes. A power of attorney is necessary to complete an application.

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What are the phases of application after a trademark has been filed in Poland?

The sequence of the application process is as follows: 

  1. Examination – Once the application was submitted to the trademark office, it will be examined according to its: formality, deceptiveness, classification, descriptiveness and distinctiveness.
  2. Publication – The application details will be published online and in print for the public to see. Publication will allow third parties to challenge the application. Particulars that will be published include: mark, goods/services, number and date of application, name and address of applicant, priority claim, and class number.
  3. Registration – Once the prosecution procedure is done, the oppositions are overcome, and if there are no other grounds for refusal, the registration will then be issued by the authorities.
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Is there any possibility to claim priority in Poland?

Yes. It is possible to claim the filing date in your home country as the filing date in Poland provided that: 

  • Your home country is a member of the Paris Convention
  • The filing date in your home country does not exceed 6 months from the date of application in this jurisdiction
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What do I need to do to satisfy the use requirement?

The mark must be continuously used for a period of 5 years. The amount of use is not specified by law but use must occur in Poland.

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Once my trademark has been registered, for how many years will be valid?

The mark will be valid for 10 years counting from the date of application.

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Does having a registered trademark in Poland give me any right?

It is a requirement for owners to register their trademark if they want to establish rights. The “first to file” rule is effective in Poland.

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Is there any need to use my trademark before I apply for registration?

No. Use or intent to use is not necessary for registration.

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Who can contest my trademark registration?

A trademark’s registration may be challenged by the following parties: 

  • Any interested or aggrieved party
  • Owners of an earlier registered mark
  • Exclusive licensees
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Is it possible to cancel a registration?

Yes.  A registered mark may be cancelled on the following grounds: 

  • Conflicts with an earlier registration (proprietary rights)
  • Mark is descriptive, misleading, disparaging, deceptive, functional, or generic
  • Mark is in conflict with a registered design or a personal name
  • Mark is against public policy and principles of moral
  • Mark is in conflict with trade names
  • Mark is in conflict with well-known marks
  • Mark is in conflict with protected emblems, flags and armorial bearings
  • Marks is registered in agent’s name
  • Mark has a geographical indication
  • There is breach of copyright
  • Unmet Section VIII.A. Use Requirements (consult us for more details)
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Are there any rights established by having a registered trademark?

Yes. Registration of your mark helps you secure the following rights: 

  • Exclusive rights to use and benefit from the mark
  • Rights to challenge succeeding conflicting applications
  • Rights to take an action to cancel succeeding conflicting registrations
  • Rights to take a legal action against third parties for infringement
  • Rights to obtain damages or payment from third parties for infringement
  • Rights to authorize or license third parties to use the mark
  • Rights to appeal for confiscation of counterfeit imported goods
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How long is the opposition period?

The opposition period will start on the date the application was published and will end three months after that date.

Basic Concepts
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What is a trademark?

A trademark identifies a company’s products and services and distinguishes them from those of its competitors in the market. The name (the verbal element) is not the only component of a trademark—figurative elements such as logos, design, images, colors, and sounds also create an identity that can be protected by trademark registration.

With the registration, the owner (person or company) becomes the owner of the trademark. The registration is given for a particular country/territory, for certain products or services, and for a specific term. While the registration is in force, only the owner may use the trademark in the market where the trademark is registered.

 Some symbols to consider:

® Means the trademark is registered.

TM Some countries use this trademark symbol to show that the trademark has been filed at the trademark office and is still undergoing the registration process.

SM Some countries use this service mark symbol to show that the service mark has been filed at the trademark office and is still undergoing the registration process.

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What are trademark classes?

Trademark Offices around the world use classes to divide commercial products and services into defined categories.  When you apply for your trademark to protect your brand, you must define the class or classes that you believe best describe your business activity. 

Countries around the world have standardized 45 classes (34 for products and 11 for services) for international use under the Nice International Classification.

These classes group all known products and services. If applicable, you can register the same trademark in more than one class; for example, you may register the trademark KING for computers in class 23 and register the same trademark in class 24 for cosmetics. 

Trademark protection only extends to commercial use within your specified classes.  It is, therefore, possible for two entities conducting business in different classes to use identical or similar trademarks and for each entity to enjoy full trademark protection in their respective classes. If you feel that protection should extend to include more than one class, you can choose multiple classes under which to conduct business.

You can search for your trademark class with this Trademark Class Search tool.

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Do I have to specify the products and services?

Yes, you have. It is not possible to register trademarks that are too descriptive or generic. For example, you cannot register the term 'CAR' for automobiles. You also cannot register a trademark that is like other marks. For example, you cannot register a trademark like HAMASON as an online bookstore because it resembles the Amazon brand name.  

If you are unaware of which class or classes best protect your goods and services, we recommend you order the Trademark Study. Our experienced attorneys will review your product or service description and match it to the class or classes most for your business activity. 

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What is a priority claim and when can I use it?

A priority claim is an allowance based on Article 4 of the Paris Convention for the Protection of Industrial Property. It enables you as the owner of a filed trademark to file subsequent trademark applications in any of the Convention’s signatory countries using the effective date of your first application as long as you file the subsequent applications within six months of your original trademark application.  That means if you apply for a trademark in Canada, five months later, you can apply for a trademark in France using the effective date of your Canadian application.

We strongly recommend that you submit your additional applications as soon as possible after your base application.  Many countries have strict requirements regarding the type of documentation required in order to claim priority (sometimes including legalization and translation of the original application). 

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What happens if oppositions or objections arise during the registration process?

The purpose of the Trademark Study is to assess the probabilities of objections and oppositions. If objections or oppositions arise, Nominus.com relies on experienced Trademark Attorneys that will guide you in the appropriate course of action.

Upon notification of an office action or opposition, we strive to:

  • Communicate the details of the action to you as quickly as possible.
  • Include future steps and possible arguments.
  • Monitor deadlines and explain the costs to prepare and submit a response, if applicable.
     
Trademark Search
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Why do I need to perform a trademark search?

Once you have a product or service and think you have a name for it, how do you know you can use it as your own? What happens if you unintentionally use a registered trademark name? 

Too many people use a name without knowing whether or not they have the legal right to do so. They organize massive marketing campaigns with names they later find they’re not allowed to use. Performing a trademark search before deciding which trademark to register is a wise thing to do, especially when you consider future risks of litigation.  

It is a good idea to carry out some research before starting to do business with a trademark. It may not be in your best interest to use a mark if another company is already actively conducting business in the same class.  The other company may object to you using the trademark and legally prohibit you from doing so.

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What is a preliminary trademark search?

Your preliminary trademark search is an important first step before you spend time and money considering whether to apply for a potential trademark or not.

If you have trademark experience, you can use our free trademark search engine, or others like the TMView trademark search engine, to search for existing marks that are identical to your planned trademark. While preliminary trademark searches are a critical part of your registration process, a successful search that shows no conflicts with identical marks does not necessarily mean the Trademark Office will not reject your registration application. 

if you have little or no experience dealing with trademarks, we suggest you find professional help. Our company offers the service Trademark Study. The Study will give you details about the classes where might want to register your trademark, it will also list identical and similar trademarks, and finally, it will provide you an Attorney's recommendation about registration possibilities and use of your trademark.

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Where can I perform a trademark search?

If you know a little about trademark registration, you can search using any online trademark search tool. If not, we recommend that you hire a trademark attorney or trademark service like Nominus.com to handle your trademark registration requirements, especially the trademark search because the process is complex and relatively time-consuming.

Please note that if you don’t manage to complete the application process correctly, the registration can drag on for several months and end up costing far more than you intended to pay. The trademark search is a critical part of the process.

A broad trademark search is essential in today's marketplace, given the increasing number of unregistered and common law trademarks. Globalization also raises the question of entering international markets and registering trademarks in foreign countries to protect both your brand and your property rights.

Please note that even a complete trademark search does not necessarily guarantee your trademark will be accepted and registered. A  Trademark Study includes an extended review process and, more significantly, a formal evaluation of the likelihood that your application will be successful.

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