A Warsaw-based software company is about to launch a new product across three EU markets. The founder asks a straightforward question: should we file one EU trademark or a Polish one first? The answer depends on geography, budget, enforcement risk, and timing – and getting it wrong can forfeit priority rights that took years of brand investment to build.

An EU trademark (EUTM) filed with the European Union Intellectual Property Office (EUIPO) grants protection across all 27 member states from a single application, with a filing fee starting at EUR 850 for one class. A Polish trademark filed with the Patent Office of the Republic of Poland (Urząd Patentowy Rzeczypospolitej Polskiej, UPRP) costs PLN 450 for one class and covers Poland only. The right choice turns on where your commercial activity is concentrated, what enforcement tools you need, and how quickly you must establish priority.

This alert sets out the key differences, the thresholds that determine which route makes sense, and the immediate steps a brand owner should take before a competitor files first. Two sections cover the structural comparison and the decision framework. A checklist closes the article.

How do EU and Polish trademarks differ in scope and cost?

The EUIPO processes EUTM applications under EU trademark regulation. The UPRP processes Polish national applications under Polish industrial property law. Both offices examine absolute grounds for refusal – descriptiveness, genericness, deceptiveness. Neither conducts an automatic relative-grounds examination against earlier marks, though the UPRP notifies earlier Polish mark holders who may then oppose.

Cost diverges sharply. A single-class EUTM costs EUR 850 online; each additional class adds EUR 50 for the second and EUR 150 for each subsequent class. A Polish national application costs PLN 450 for one class, with PLN 120 per additional class. For a brand operating only in Poland, the EUTM premium buys coverage that may never be used – and the UPRP route reaches registration in roughly 6 to 9 months, often faster than the EUIPO's 12 to 18 month timeline.

There is one structural risk with the EUTM that brand owners frequently underestimate. If the mark is refused or successfully opposed in any single EU member state on relative grounds – say, a conflicting earlier mark in Bulgaria – the entire application fails unless converted to national applications within 3 months of the refusal becoming final. Conversion preserves the original filing date, but it adds cost and administrative burden. A Polish national mark carries no such all-or-nothing exposure. (We have seen this conversion scenario catch mid-size clients off guard, particularly those entering the EU market from outside Europe.)

Enforcement also differs. An EUTM injunction obtained in one member state's court can, in principle, cover the entire EU territory. A Polish mark supports enforcement only within Poland, through the Polish courts or customs authorities. For an IP lawyer Warsaw advising a tech company with pan-European distribution, the EUTM's enforcement reach is often the decisive factor.

When does the Polish-only route make commercial sense?

Three scenarios favour the national route. First, the brand is genuinely Poland-focused: a regional retail chain, a Polish-language SaaS product, or a professional services firm with no current export plans. Second, the budget is constrained and the brand owner needs registered protection quickly at low cost. Third, an earlier conflicting mark exists in one or more EU member states, making EUTM registration uncertain – a national Polish filing secures domestic priority while the conflict is resolved.

Polish national registration also integrates directly with Polish customs enforcement. The UPRP maintains a customs watch register. Border authorities at Warsaw Chopin Airport and the Port of Gdynia routinely act on nationally registered marks to detain counterfeit goods. This operational link matters for brands in fashion, electronics, and consumer goods where physical import enforcement is a priority.

We secured a cancellation of a conflicting mark and full registration for a consumer goods client in the Małopolska region (autumn 2025). The national route allowed the client to establish Polish priority within 7 months while the broader EU filing strategy was being finalised.

One misconception worth addressing: a Polish national mark does not give the holder any priority claim in other EU member states unless a Paris Convention priority claim is filed within 6 months of the Polish application date. Missing that 6-month window forfeits the ability to backdate EU or international filings – an irreversible consequence. Brand owners who treat the Polish filing as a placeholder without tracking the priority deadline regularly lose that option. For businesses managing trade secret protection strategies under Polish law alongside trademark rights, the interaction between these IP instruments requires coordinated timing.

For a foreign investor entering Poland, the decision matrix looks like this: if the brand is already registered as an EUTM, Polish protection is automatic – no separate UPRP filing is needed. If only a national mark exists in the investor's home country, a Polish national filing or a new EUTM application should be made before commercial launch, whichever comes first.

What immediate steps should brand owners take now?

The filing decision is time-sensitive. A competitor who files even one day earlier establishes prior rights. Polish industrial property law and EU trademark regulation both operate on a strict first-to-file basis. There is no grace period for prior use unless the earlier user can prove bad faith – a high evidentiary bar that takes years to litigate.

What to prepare before filing:

  • A clear list of goods and services in Nice Classification terms – errors here cannot be corrected after filing
  • A conflict search across the EUIPO database and the UPRP register, covering identical and similar marks in relevant classes
  • A decision on territory: Poland only, EU-wide, or both with a Paris Convention priority link
  • Budget allocation covering filing fees, potential opposition proceedings (up to PLN 1,000 at the UPRP), and renewal costs at 10-year intervals
  • A monitoring subscription to receive alerts when third parties file similar marks after your registration

Companies operating under GDPR Poland compliance frameworks, or subject to DORA compliance and AI Act Poland obligations, should note that trademark registration for AI-powered products or financial data services may require class descriptions that reflect both the technology and the regulated service layer. Generic class descriptions drafted for traditional goods will not adequately cover AI-generated outputs or automated financial services. This is an area where legal and technical input must align before the application is submitted.

Our team obtained a priority ruling protecting a software trademark for a fintech client in the Mazowieckie region (spring 2026), where the original application had used an overly broad class description that a competitor attempted to exploit during the opposition window. Precision in drafting saved the registration.

For businesses that have already dissolved or are considering winding down a Polish entity, note that trademark rights do not automatically transfer or lapse on company liquidation – they must be formally assigned. The liquidation of sp. z o.o. process requires explicit IP asset treatment in the liquidation plan, or rights may vest in the liquidator without a clear commercial successor.

To receive an expert assessment of your trademark filing strategy, contact info@kordeckipartners.com.

Frequently asked questions

Q: If I already have an EU trademark, do I need a separate Polish filing?

A: No. An EUTM registered at the EUIPO covers Poland automatically as an EU member state. A separate UPRP filing is redundant unless you want a national registration as a fallback – for example, if the EUTM later faces a revocation challenge. Maintaining both is an option, not a requirement.

Q: How long does a Polish trademark registration take and what does it cost in total?

A: The UPRP typically reaches registration in 6 to 9 months for straightforward applications. The base filing fee is PLN 450 for one class. If an opposition is filed, proceedings can add 6 to 12 months and additional costs of up to PLN 1,000 in official fees, plus legal representation. Budget PLN 3,000 to PLN 6,000 in total professional and official costs for an uncontested single-class application.

Q: Can I convert a Polish trademark into an EU trademark after registration?

A: Conversion runs in the opposite direction – from EUTM to national marks, not from national to EUTM. If you want EU-wide protection after obtaining a Polish mark, you must file a new EUTM application. You may claim Paris Convention priority within 6 months of your Polish filing date to backdate the EUTM application. After that 6-month window closes, the EUTM application will have a later priority date, which increases exposure to conflicting third-party filings in other member states.

KORDECKI & Partners is a law firm based in Warsaw and Krakow, advising business clients across 30 jurisdictions. Our team combines expertise in Polish and international law with a practical approach to trademark registration, IP portfolio management, and technology law. We work with Polish entrepreneurs, foreign investors, and in-house legal teams. To discuss your situation, contact info@kordeckipartners.com.

Disclaimer: This publication is provided for informational purposes only and does not constitute legal advice. The information herein should not be relied upon as a substitute for professional legal counsel tailored to your specific circumstances. KORDECKI & Partners assumes no liability for actions taken or not taken based on the contents of this material. For advice regarding your particular situation, please contact info@kordeckipartners.com.