A trade mark is a sign that distinguishes the goods or services of one business from those of others. It may take the form of a name, logo, slogan, or product shape, among other things. Registration gives the owner the exclusive right to use the mark in the course of trade. From a business perspective, a trade mark is the foundation of brand protection — and often one of the most valuable assets a company holds.

No. Registering a company or simply starting to use a sign does not create trade mark protection. Trade mark rights are registration-based and territorial: they arise only upon successful completion of the registration procedure before the relevant office and apply within the territory covered by that registration. It is only once a right of protection is granted that the owner acquires the exclusive right to use the mark commercially.

A trade mark can cover a brand name, logo, advertising slogan, and in certain cases the shape of a product or its packaging. Non-conventional marks — such as sound marks or multimedia marks — may also qualify, provided they have distinctive character and can be represented in the register clearly and precisely. The scope of protection depends on the distinctiveness of the sign and the goods or services for which it is filed. In practice, it is common to build a portfolio of marks covering different elements of a single brand, and the selection of what to protect should flow from the overall business strategy.

Not automatically. Trade mark registration does not confer rights over a domain name or social media account as such. However, a registered right provides a strong basis for pursuing claims in cases of conflict or abuse. In practice, trade marks are frequently used to recover domain names or challenge unauthorised use of brand identifiers online.

Infringement can occur both offline and online. Action typically starts with a cease and desist letter. Where necessary, claims can be pursued before the courts or in administrative proceedings. The enforcement strategy is assessed on a case-by-case basis and should take into account the business relationship between the parties, the scale of the infringement, and whether the costs of action are proportionate to the expected outcome.

The procedure depends on the chosen territory. Before the Polish Patent Office, proceedings typically take around six to nine months; registration of an EU trade mark before the EUIPO takes approximately four to six months, provided no opposition is filed. The process includes a formal examination and a period during which third parties may oppose the application. Protection is granted for ten years and is renewable.

Yes. A pre-filing search allows an assessment of both the risk of conflict with earlier marks and whether the sign meets the requirements for registration — in particular, whether it has the necessary distinctive character. While not formally required, a search significantly reduces the risk of a refusal or a successful opposition. It also enables an informed choice of the scope of goods and services and the protection strategy as a whole. From a business perspective, it is an important tool for managing the legal risk associated with a brand.

A trade mark application can in principle be filed at any time. That said, it is safest to plan protection at the brand-building stage — before the mark is used extensively in the market. This allows potential conflicts with earlier marks to be identified and addressed before they become a problem. Acting early reduces the risk of disputes and costly rebranding down the line.

The territorial scope should correspond to the markets where the brand is active or where expansion is planned. National, EU-wide, and international protection are all available and can be combined within a single strategy. In practice, a phased approach is common — scaled to the pace of business growth and market priorities. The choice of territories directly affects costs, the breadth of protection, and the ability to enforce rights effectively.

Trade mark protection is granted for ten years from the filing date and can be renewed for successive ten-year periods without limit. Maintaining protection requires timely payment of renewal fees. In practice, a trade mark can remain protected for the entire life of a brand.

Costs depend on the number of classes of goods or services and the territorial scope of protection. Legal fees and the potential cost of opposition proceedings are also relevant. In practice, costs are planned alongside the brand development timeline. Please contact us for a tailored estimate of official fees and legal costs for your mark.

Yes — protection can be rolled out in phases, in line with business growth and expansion into new markets. This approach allows costs to be controlled while keeping key areas of the business covered. Phased protection is a well-established and widely used approach among businesses of all sizes.

Official fees depend on the territorial scope and the number of classes. In Poland, the filing fee for a single class amounts to a few hundred zloty, with additional fees for each further class; a separate fee is charged on the grant of a ten-year right of protection. For an EU trade mark, official fees amount to a few hundred euros and likewise vary by number of classes. Costs in other jurisdictions, as well as legal fees, are quoted individually depending on the strategy adopted.

The primary maintenance cost is the renewal fee payable every ten years. Additional costs may arise from trade mark monitoring, enforcement activity, or extending the scope of protection to new markets or classes. Over the long term, maintenance costs are typically modest relative to the value of the protected brand.