Legal alert. Changes in the fee system of IP protection in Poland

Please be aware that as of 14 October 2016 there is a new charge system of IP protection in Poland. The main amendments refers to the trademarks and designs fees.

Considering the trademarks, there is a big change to ‘pay-per-class’ system (instead of a basic fee system that covered up to three classes of goods and services). In practice, the applicants pay lower fee if they apply just for one class. The trademark applications covering two or three classes are more expensive than it was before the change. As a result of introducing the opposition system, the new fees regarding the oppositions were defined. Additionally the protection and renewal fee is charged in the same amount for each class of goods and services.

As to the designs, there is no change in the application fees. Nevertheless there has been a significant reduction of the protection fees.

The details of the fees for trademarks and designs can be found in the tables below.

Please notice, that all one-time fees regarding the applications, motions and other actions made before October 14, 2016, shall be paid in accordance with the old rules. The new regulation shall not apply to the renewal fees which were due or which were paid before entering in force the regulation. Moreover, the new regulation shall not apply to the fees which were defined in the call or decision on granting the protection right, issued before entering in force the regulation.

We will be happy to answer any questions you may have regarding the amendments of the Polish Industrial Property Law, Polish or European trademarks or any legal matters regarding Poland.

TRADEMARKS
Action Old fee New Fee
TM application 1st class 550 PLN (approx. 137,5 Euro) up to 3 classes 450 PLN (approx. 112,5 Euro)
TM application 2nd class 120 PLN (approx. 30 Euro)
TM application 3rd class 120 PLN  (approx. 30 Euro)
Renewal fee for each class up to 3 400 PLN (approx. 100 Euro) 400 PLN (approx. 100 Euro)
Renewal fee for each class over 3 450 PLN (approx. 112,5 Euro) 400 PLN (approx. 100 Euro)
Opposition 1000 PLN (approx. 250 Euro) 600 PLN (approx. 150 Euro)

 

DESIGNS
Action Old fee New Fee
Renewal fee for years 1-5 400 PLN (approx. 100Euro) 150 PLN (approx. 37,5 Euro)
Renewal fee for years 6-10 1000 PLN (approx. 250 Euro) 250 PLN (approx. 62,5 Euro)
Renewal fee for years 11-15 2000 PLN (approx. 400 Euro) 500 (approx. 125 Euro)
Renewal fee for years 16-20 3000 PLN (approx. 750 Euro) 1000 PLN (approx. 250 Euro)
Renewal fee for years 21-25 4000 PLN (approx. 1000 Euro) 2000 PLN (approx. 500 Euro)
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