What features must a trademark registered in Poland have?

A trademark registered in Poland can be any sign that fulfills the basic function of origin, i.e., is suitable for distinguishing the goods of one enterprise from those of another.

Such a sign can be, in particular, a word, including a name, a drawing, a letter, a number, a color, a spatial form, including the shape of goods or packaging, as well as a sound. The presentation of the marking should be clear, precise, complete, easily accessible, understandable, permanent and objective.

There is no closed catalog of acceptable signs. Any sign that has abstract distinctiveness, independent of the goods, can be applied for as a trademark.

In order to organize the most popular trademark designations in Poland, the following list of types of trademarks is extracted below:

• word trademark,
• word and graphic trademark,
• graphic trademark,
• spatial trademark,
• position trademark,
• pattern,
• color/color combination,
• sound sign,
• moving sign,
• multimedia sign,
• holographic sign,
• other trademark.

Trademarks in Poland can be signs perceived by means of at least one of the five senses. Taking into account the criterion of perception of signs, we distinguish two types of signs: conventional and unconventional. Conventional signs include verbal signs and graphic signs and their combinations. Unconventional signs, on the other hand, due to their perception by the sense of sight, are divided into:

• visible signs, such as spatial signs, positional signs, patterns, colors and their combinations, holograms, moving signs and multimedia signs;
• invisible signs, such as audible, olfactory, taste and tactile signs.

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Trademark in Poland