Trade mark law, e-filing for trade marks applications

April 28th, 2008, Tomasz Rychlicki

There are recent changes in the procedure of filing trade mark applications before the Polish Patent Office. According to the Regulation of the Prime Minister dated 15 May 2008 on filing and processing of patent applications, applications for medicinal products and plant protection products, utility model applications, industrial designs applications, trade mark applications, geographical indications applications, topography of integrated circuits applications and keeping correspondence in electronic form, published in Journal of Laws (Dziennik Ustaw) of 23 May 2008, No 89 item 540, all applications should be filed in e-forms that are available through the PPO website and are prepared in software and in compatibility with formats used by the Polish Patent Office. The use of other computer programs to prepare filing applications requires the approval of the PPO. This Regulation will enter into force on 7 June 2008.

The PPO had also published (DOC file) an English version of table of fees established in the Regulation of the Council of Ministries dated 26 February 2008 amending the regulation on fees relating to the protection of inventions, utility models, industrial designs, trademarks, geographical indications and topographies of integrated circuits.

Single fees (fees are in Polish złoty – to check rates use google.com services or exchange rates provided by the National Bank of Poland):

  • For trademark application up to three classes of goods according to applicable classification of goods and services – 550,00*
    for each class in excess of three – 120,00
    for declaration of priority – for each priority claimed – 100,00
  • For electronic filing of trademark application up to three classes of goods according to applicable classification of goods and services – 500,00*
    for each class in excess of three – 120,00
    for declaration of priority – for each priority claimed – 100,00
  • For request for conversion of international registration into national application – 550,00
  • For request for conversion of Community trademark application into national application – 550,00
  • For transmittal of Community trademark application – 120,00
  • For division of application – for each additional application – 550,00
  • For request for postponement of the payment of a fee – 60,00
  • For request for restoration of a time limit or the excuse of non-observance of a time limit because of exceptional circumstances occurred – 80,00
  • For request for re-examination of the matter:
    in connection with an order issued** – 50,00
    in connection with a decision taken – 100,00
  • For publication of the mention of grant of right of protection – 90,00
  • For issuance of a duplicate of certificate of protection: – 100,00
  • For excerpt from the register: with current legal status with modified or removed information added – 60,00
    100,00
  • For preparation of priority document – 60,00
  • For request for making a change in the register – for each change made – 70,00
  • For request for replacement of national registration with international registration – 50,00
  • For request for transformation of trademark into collective trademark, collective guarantee trademark or trademark protected with one collective right of protection – 500,00
  • For request for filing a request by the Patent Office of the Republic of Poland for entry in the international register of a change concerning international trademark registration – 200,00
  • For notice of opposition 1000,00
  • For request for taking a decision in litigation proceedings – 1000,00
  • For request for lodging a complaint to Administration Court – 1000,00
  • For request for international registration – 600,00
  • For request for registration renewal – 200,00
  • Additional fee for late submission of request for registration renewal – 300,00
  • For request for sending communications to addresses additionally indicated (Article 241(2)) – for each additional address – 200,00

* In case of collective trademark, collective guarantee trademark or trademark filed for collective right of protection – the amount of the fee is subject of increase of 100%
** this does not apply to requests for the exemption from the payment of a fee

See also “Poland: higher fees for trade marks“.