A trademark is a sign that distinguishes the goods or services of one undertaking from those of other undertakings. It can take various forms, from a company name to a logo or a distinctive slogan.
In legal terms, protection is obtained by registering the trademark, e.g. with:
Registration grants the exclusive right to use the trademark commercially or professionally in relation to the specified goods and services, in the chosen territory.
A trademark does not have to be exclusively a logo. The law allows for many forms of markings, as long as they are suitable for distinguishing the offer of one entrepreneur from others.
The most common types of trademarks:
Word mark
This is the name itself – without graphics. For example: the name of a product, brand, or company written in plain font. The protection of a word mark is the broadest, as it covers a specific word or term.
Graphic mark
This is a symbol or emblem – without a verbal element.
Word and graphic mark
Also known as a logo. This is a name together with a specific graphic design or graphic elements.
Three-dimensional mark
This can be a characteristic shape of packaging or a product.
Sound mark
A short signal, melody, or characteristic sound motif.
In practice, the vast majority of entrepreneurs choose to protect a word mark or a word and graphic mark.
See more: Types of trademarks.
Not every mark can be effectively registered. In order to be protected, a mark must, among other things:
For example, the name “Best and Warm Bread” for a bakery may be considered descriptive and therefore lacking distinctive character.
Many entrepreneurs assume that once they register their company name in CEIDG or KRS, no one else can use it. This is a mistake.
Business registration:
Only the registration of a trademark grants the formal, exclusive right to use the designation in commercial transactions.
The procedure before the Patent Office of the Republic of Poland includes several stages, including:
Examination of registrability 🡪 first, it is necessary to check whether the mark is suitable for performing the function of a trademark and whether it meets the statutory requirements.
Filing of the trademark 🡪 if your mark has registrability, the next step is to file an application for the grant of a protection right with the Patent Office of the Republic of Poland. It should indicate, among other things, the designation, the form of the mark, the data of the applicant, and the list of goods and/or services (according to the Nice classification).
Formal examination and publication of the application 🡪 experts in the office examine your application to see if it meets the formal requirements. If everything is in order, the application is published. This starts a three-month “opposition period” – during this time, entitled parties have the opportunity to file an opposition to your application.
Decision on the grant of a protection right 🡪 If no opposition is filed or it is dismissed, the office issues a decision on the grant of a protection right.
The protection lasts for 10 years and can be renewed indefinitely for subsequent ten-year periods.
If you conduct international sales or e-commerce, it is worth considering registering a European Union trademark with the European Union Intellectual Property Office.
A single application provides protection in all EU countries. This solution is often more cost-effective than filing separate applications in each country.
Registration ensures:
A registered trademark is a real asset of the company.
No prior research
Filing a trademark application without checking for conflicts with other entities may result in opposition and the loss of the filing fee.
Too narrow a list of goods and services
Protection only covers what is indicated in the application.
Important! After submitting an application to the selected office, it is no longer possible to expand the list of goods and/or services. Therefore, before submitting the application, it is worth carefully analyzing the classification of the mark – not only in terms of current activities, but also future business plans. Otherwise, it will be necessary to file a new trademark application with an expanded list.
Lack of market monitoring
Trademark protection is not absolute – it is worth monitoring new applications and the activities of competitors.
Yes – in many cases, filing a trademark application before the product launch is the safest solution. It avoids the situation where, after a few months of building a brand, it turns out that someone else has prior rights or has managed to register our trademark.
A trademark is only one of the tools for protecting a brand. Depending on the situation, it is worth considering:
A well-planned protection strategy combines several instruments.
See more: How much does trademark registration cost?
A trademark is the foundation of brand recognition. It is thanks to it that customers identify your offer, return for more products and build trust in the company.
However, the name or logo alone is not sufficiently protected without formal registration. Only obtaining protection – including in Poland before the Patent Office of the Republic of Poland or at the EU level before the European Union Intellectual Property Office – provides real legal tools to fight competition.
If you are building a brand, investing in marketing and developing sales, trademark protection is not an addition – it is a strategic business decision.
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