What is the disclosure of a trademark application in Poland?

Once a trademark application for protection has been filed, in the case of a correct application (i.e., without formal or substantive deficiencies), the Patent Office shall make a disclosure of the trademark application immediately and no later than two months from the filing date.

The disclosure is made in the Polish e-search engine, available on the website of the Polish Patent Office. This database discloses information about:

• trademark,
• priority date,
• the date and number of the application,
• the list of goods and services,
• the name or surname of the applicant,
• the applicant’s residence or registered office, and the country code.

From that point on, third parties may become acquainted with the trademark indicated in the application and the list of goods for which the mark has been applied for, and may submit comments to the Polish Patent Office as to the existence of circumstances preventing the granting of the right of protection (but only with respect to the existence of so-called absolute grounds.

According to the absolute prerequisites, the right of protection is not granted for a sign that:

1) cannot be a trademark;

2) is not suitable for distinguishing in commerce the goods for which it is applied for;

3) consists exclusively of elements that can be used in commerce to indicate, in particular, the type of goods, their origin, quality, quantity, value, intended use, manner of manufacture, composition, function or suitability;

4) consists exclusively of elements that have entered the colloquial language or are customarily used in fair and established business practices;

5) consists exclusively of the shape or other characteristic of the goods, resulting from the nature of the goods themselves, which is necessary to achieve a technical effect or which significantly increases the value of the goods;

6) was filed in bad faith;

7) is contrary to public policy or good morals;

8) contains an element of high symbolic value, particularly of a religious, patriotic or cultural nature, the use of which would offend religious, patriotic feelings or national tradition;

9) contains a symbol of the Republic of Poland (emblem, colors or anthem), a sign of the armed forces, paramilitary organization or law enforcement forces, reproduction of a Polish order, decoration or badge of honor, military badge or insignia or other official or commonly used decoration and badge, in particular, the government administration or local government or a social organization acting in the important public interest, when the area of activity of this organization covers the whole country or a significant part of it, if the applicant does not demonstrate the authorization, in particular, the permission of the competent authority of the State or a local government body, or the consent of the organization, to use the sign in trade;

10) contains a symbol (coat of arms, flag, emblem) of a foreign state, a name, an abbreviation of a name, or a symbol (coat of arms, flag, emblem) of an international organization or an official designation, control or guarantee stamp adopted in a foreign state, if such a prohibition arises from international agreements, unless the applicant demonstrates the authorization of the competent authority, which entitles him to use such a designation in trade;

11) contains an officially recognized indication accepted for use in commerce, in particular a safety mark, a quality mark or a hallmark of legalization, to the extent that it could mislead the public as to the nature of such indication, unless the applicant proves that he is authorized to use it;

12) is by its nature likely to mislead the public, in particular as to the nature, quality or geographical origin of the goods;

13) constitutes or reproduces in its essential elements the name of a plant variety registered with prior priority in the Republic of Poland or under the provisions of European Union law or an international agreement binding the Republic of Poland, providing for the protection of plant variety rights, and refers to plant varieties of the same species or closely related species.

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Trademark in Poland