Opposition to registration of a trademark in Poland

An opposition must be filed with the Polish Patent Office in writing within three months from the date of announcement of the application for the challenged trademark in the “Bulletin of the Patent Office.”

This deadline is not subject to return. This means that the institution of reinstatement cannot be applied to the deadline in question.

A fee must be paid on the opposition in the amount specified in the Polish regulation of the Council of Ministers on fees related to the protection of inventions, utility models, industrial designs, trademarks, geographical indications and topographies of integrated circuits.

The opposition should include:

• identification of the parties,
• indication of the factual and legal grounds, together with the reasons,
• definition of the scope of the opposition,
• signature of the objector

The Office shall suspend opposition proceedings based on the trademark application until the final conclusion of the proceedings for the granting of the right of protection for the trademark.

The indication and justification of the legal basis should include the identification of the specific legal basis preferably with a citation of the legal provision and an explanation of why the provision is applicable against the background of the specific facts and evidence. The indication and justification of the factual basis should include a citation of all relevant facts of the case and evidence supporting them.

The Polish Patent Office examines the opposition within its limits and is bound by the legal basis indicated by the opponent. After the expiration of the three-month opposition period, it is no longer permissible to expand the legal basis of the opposition, so it is very important that the opposition be drafted by a qualified Polish attorney.

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Trademark in Poland