A Warsaw-based software company is preparing to launch a new product across Central Europe. The founder asks a simple question: should we file one EU trademark or a Polish trademark first? The answer depends on geography, budget, and timing – and getting it wrong forfeits priority rights that cannot be recovered.

An EU trademark (EUTM) registered through the European Union Intellectual Property Office (EUIPO) covers all 27 member states with a single filing. A Polish trademark, filed with the Patent Office of the Republic of Poland (Urząd Patentowy Rzeczypospolitej Polskiej, UPRP), protects the mark only within Poland. The filing fee for an EUTM starts at EUR 850 for one class online, while a UPRP application costs approximately PLN 550 for one class. Both routes grant a six-month priority window under the Paris Convention.

This alert explains what each route covers, who should choose which, and what immediate steps protect your brand before a competitor files first.

What does each filing route actually cover?

The EUTM is a unitary right. Registration at the EUIPO covers Poland, Germany, France, and every other EU member state simultaneously. One renewal fee, one register, one point of attack for infringers. The standard examination takes roughly four to six months before publication for opposition. The total cost for a single-class EUTM – including the EUIPO fee and basic professional fees – typically falls between EUR 1,200 and EUR 2,000.

The UPRP route is narrower but faster in one respect. Polish national examination is often concluded within three to five months for straightforward marks. The UPRP operates under Polish industrial property law and coordinates with the National Court Register (KRS) when corporate ownership questions arise. For a business operating exclusively in Poland, the national route is proportionate and cost-efficient.

There is one structural risk with the EUTM that founders overlook. If the mark is refused or successfully opposed in any member state on absolute grounds, the entire EUTM application fails. A prior conflicting mark in, say, Hungary can block protection across all 27 countries. The UPRP route carries no such systemic exposure – a Polish refusal affects only Poland.

  • EUTM: single filing, 27 countries, EUR 850 minimum fee, four to six months to publication
  • UPRP: single country, PLN 550 minimum fee, three to five months to registration
  • Both routes: six-month Paris Convention priority from first filing date
  • EUTM risk: one prior conflicting mark anywhere in the EU can block the whole application

We secured registration of a composite mark for a fintech client in Mazowieckie after an initial EUTM opposition threatened to forfeit EU-wide protection (autumn 2025). A parallel UPRP filing, made within the six-month priority window, preserved Polish rights while the EUIPO opposition was resolved.

Who is affected – and what are the thresholds?

The choice is not purely geographic. Budget, expansion timeline, and existing third-party rights all shift the calculus. Three business profiles illustrate where each route fits.

A Polish-only operator – a regional retailer, a domestic services firm – has no immediate need for EU-wide protection. Filing a UPRP application first is proportionate. If the business later expands, the six-month Paris Convention window allows an EUTM application claiming the Polish priority date. Missing that window means the EUTM filing date resets, creating a gap that a competitor can exploit.

A company with active operations in two or more EU member states should file the EUTM first. The cost of two or three national filings quickly exceeds the EUTM fee, and national registrations do not consolidate into a single renewal. For businesses already managing cross-border data transfers between Poland and the Netherlands, the same logic applies to IP: centralise where the economics support it.

A foreign investor entering Poland faces a third scenario. If the parent company holds an EUTM, Polish protection is already included – no separate UPRP filing is needed. However, if the investor holds only national marks in non-EU countries (the United Kingdom post-Brexit, for example), a fresh EUTM or UPRP application is required before the Polish launch date. Delay forfeits priority against any Polish competitor who files in the interim.

One threshold matters in practice: if your annual Polish revenue exceeds approximately PLN 500,000, the cost of defending an unregistered mark in Polish courts – through unfair competition claims rather than trademark infringement – typically exceeds the combined cost of UPRP and EUTM registration. Registration is not optional at that scale.

What immediate steps protect your brand now?

Three actions are time-sensitive. Each has a hard deadline tied to competitor activity, not a regulatory calendar.

First, run a clearance search before filing. The EUIPO database and the UPRP register are both publicly accessible. An identical or confusingly similar prior mark discovered after filing wastes the application fee and, more importantly, delays protection. An IP lawyer in Warsaw can complete a clearance search within 48 hours for most word marks.

Second, file within six months of any prior application in a Paris Convention country. This is the priority window. Missing it means your EUTM or UPRP application is treated as a new filing – dated from the day it is submitted, not from the earlier national filing. A competitor who files on day 181 gets priority over you in every jurisdiction where you have not yet registered.

Third, consider a dual filing strategy for high-value marks. File the UPRP application first for speed, then file the EUTM within the six-month window claiming Polish priority. This approach costs more upfront – roughly PLN 550 plus EUR 1,200 to EUR 2,000 – but it eliminates the systemic EUTM risk described above. If the EUTM is later opposed, Polish protection survives independently.

  • Run a clearance search before any filing – 48 hours for most word marks
  • File within six months of any prior Paris Convention application
  • Consider dual filing (UPRP first, then EUTM) for marks with high commercial value
  • Review existing EUTM portfolio if operating in Poland – separate UPRP filing may be redundant

We obtained EUTM registration for a manufacturing client expanding from Lower Silesia into Germany and Austria, resolving a prior-rights conflict with a dormant German national mark within the opposition period (spring 2026). Early clearance work avoided what would have been a two-year delay.

Businesses managing restructuring alongside brand launches should also note that trademark rights are assets subject to insolvency proceedings. A registered mark is easier to value, license, and protect in restructuring under Polish law than an unregistered one.

Your specific situation – existing portfolio, target markets, filing history – determines which route forfeits the least and protects the most. Delay is not neutral: every day without a filed application is a day a competitor can establish priority.

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

Frequently asked questions

Q: Can I convert a UPRP application into an EUTM if I change my mind?

A: There is no direct conversion mechanism from a Polish national application to an EUTM. However, you can file a separate EUTM application within six months of the UPRP filing date and claim the Polish priority date under the Paris Convention. After that six-month window closes, the EUTM will be dated from its own filing date, not the earlier Polish one.

Q: How long does EUTM registration take, and what does it cost in total?

A: The EUIPO examination and publication period typically takes four to six months for straightforward applications. If no opposition is filed during the two-month opposition window, registration follows within weeks. Total costs – EUIPO fees plus professional fees – generally range from EUR 1,200 to EUR 2,500 for a single-class mark. Multi-class applications add EUR 50 per additional class (second class) and EUR 150 per class from the third onward.

Q: Is it a misconception that an EUTM is always better than a Polish trademark?

A: Yes. The EUTM is broader in coverage but carries systemic risk: a single prior conflicting mark anywhere in the EU can block the entire application. For businesses operating only in Poland, a UPRP registration is proportionate, faster to obtain, and cheaper to maintain. The EUTM becomes the better choice when the business operates in two or more member states or when the cost of multiple national filings exceeds the EUTM fee.

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 – including AI Act Poland compliance, DORA compliance, and GDPR Poland matters. 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.