A Warsaw-based software company finalises its first export contract with a German distributor. The legal team asks a question that should have been answered six months earlier: should the brand be protected as an EU trademark covering all 27 member states, or would a Polish national trademark have been faster, cheaper, and sufficient? The answer depends on factors that are easy to underestimate – and getting it wrong forfeits priority rights that cannot be recovered retroactively.

An EU trademark (EUTM) registered with the European Union Intellectual Property Office (EUIPO) provides uniform protection across all 27 EU member states from a single filing. A Polish national trademark, filed with the Patent Office of the Republic of Poland (Urząd Patentowy Rzeczypospolitej Polskiej, UPRP), covers Poland only but typically grants registration within 6 to 8 months – roughly half the time of an EUTM. The choice between the two routes turns on geography, budget, risk tolerance, and the applicant's expansion timeline.

This alert sets out the key differences between the two filing routes, identifies which businesses should choose each path, and lists the immediate steps required to avoid losing priority. It also flags one structural risk that catches foreign investors off guard: a single opposition in any EU member state can block an EUTM application entirely, leaving the brand unprotected everywhere.

What are the core differences between an EUTM and a Polish trademark?

The EUTM and the Polish national trademark operate under different legal frameworks. The EUTM is governed by EU trademark regulation, administered by the EUIPO in Alicante. The Polish trademark is governed by Polish industrial property law, administered by the UPRP in Warsaw. Both offices examine applications for absolute grounds – descriptiveness, lack of distinctiveness – but only the UPRP applies a substantive relative-grounds examination as a matter of course.

Cost is the first differentiator. An EUTM application for one class costs EUR 850 online. A Polish national trademark costs PLN 450 for the application plus PLN 400 per class for registration – under PLN 1,000 in total for a single-class mark. For a brand operating exclusively in Poland, the EUTM premium buys coverage the business does not yet need.

Timeline is the second differentiator. The EUIPO targets a first examination decision within roughly 5 months, but the opposition window adds another 3 months before registration can proceed. The UPRP typically completes the full process – examination plus publication – within 6 to 8 months for uncontested marks. Speed matters when a product launch is imminent.

  • EUTM: EUR 850 for one class, 27-country coverage, 10 to 14 months to registration (uncontested)
  • Polish trademark: under PLN 1,000 for one class, Poland only, 6 to 8 months to registration
  • EUTM vulnerability: one successful opposition anywhere in the EU blocks the entire application
  • Polish trademark vulnerability: provides no protection in export markets without separate filings

The "unitary character" of the EUTM is both its strength and its weakness. Registration is uniform – but so is refusal. A prior mark registered in, say, Portugal can defeat an EUTM application even if the Polish market is entirely clear. That asymmetry is the single most underestimated risk in EU trademark strategy.

Who is affected, and when does the choice become urgent?

Three business profiles face the most direct consequences of a wrong filing decision. Each has a different threshold at which the choice becomes time-sensitive. Acting after a competitor files – even by a single day – forfeits priority and may require rebranding at substantial cost.

First: Polish businesses selling domestically with no confirmed export plans within 24 months. For this group, a Polish national trademark filed with the UPRP is the rational choice. The lower cost and faster timeline mean the brand is protected before the next product launch. An EUTM can always be filed later, claiming the Polish filing date as priority – provided the EUTM application is submitted within 6 months of the national filing.

We secured registration of a Polish national trademark for a retail client in Małopolska (summer 2025), allowing the brand to launch on schedule while the client assessed its EU expansion timeline. The 6-month priority window remained open for an EUTM conversion.

Second: businesses with confirmed sales in two or more EU member states. Here the EUTM is almost always more efficient than filing separate national marks. A single EUTM replaces up to 27 national filings, with one renewal date and one set of use requirements. The break-even point is typically three or more countries: at that threshold, the EUTM costs less than the combined national filing fees.

Third: foreign investors entering Poland as their first EU market. This group faces a specific trap. An EUTM application filed without a prior clearance search across all 27 member states risks opposition from a mark the investor has never encountered. A Polish national trademark, filed first, secures the Polish market immediately and preserves the 6-month window to assess EU-wide clearance before committing to an EUTM.

We obtained a successful EUTM registration for a technology client expanding from Mazowieckie into three Central European markets (winter 2025), after a full clearance search identified and resolved a potential conflict in one member state before filing.

What immediate steps should you take?

The priority date is the single most important concept in trademark law. It is fixed on the day the application is filed – not the day registration is granted. A competitor who files one day earlier acquires prior rights, even if your brand has been in use for years without registration. Use without registration provides limited protection under Polish unfair competition law, but that protection is harder to enforce and geographically narrower than a registered mark.

For businesses that have not yet filed, the immediate action is a clearance search followed by a filing decision within 30 days. The clearance search should cover the UPRP database, the EUIPO database, and – for businesses with any EU export activity – national registers in the target markets. Skipping the search to save time is the most common mistake: an opposed EUTM application can take 18 to 36 months to resolve, during which the mark is unregistered everywhere.

What to prepare before filing:

  • A clear representation of the mark (wordmark, figurative, or combined)
  • A list of goods and services classified under the Nice Classification system
  • Evidence of current use or a confirmed launch date
  • A clearance search report covering relevant registers
  • A decision on territory: Poland only, EU-wide, or phased (Polish first, EUTM within 6 months)

For businesses already using a mark without registration, the urgency is higher. Polish industrial property law provides that an unregistered mark used in trade may generate limited prior-use rights, but those rights do not automatically defeat a later-filed registered trademark. The window to file closes the moment a competitor acts. Delay is not neutral – it forfeits the priority date permanently.

Cross-border data flows and digital brand use add a further layer of complexity. A brand used in online services subject to data transfer mechanisms between Poland and Sweden may require coordinated IP and data protection strategy. Similarly, technology companies assessing IP protection strategy for Hungarian tech companies operating in Poland face the same EUTM-versus-national filing decision under compressed timelines. Businesses distributing profits across jurisdictions should also consider how trademark ownership interacts with dividend distribution rules for Polish companies when IP is held in a separate entity.

Frequently asked questions

Q: Can I convert a Polish trademark application into an EUTM?

A: Yes. Polish industrial property law and EU trademark regulation both permit a conversion mechanism. If an EUTM application is refused or withdrawn, it can be converted into national applications in individual member states, retaining the original EUTM filing date. The reverse – using a Polish filing date as priority for a later EUTM – is available for 6 months from the Polish application date.

Q: How long does EUTM registration take, and what does it cost for multiple classes?

A: An uncontested EUTM typically registers within 10 to 14 months of filing. The EUIPO fee for one class is EUR 850; each additional class costs EUR 50 for the second and EUR 150 for each class from the third onward. If an opposition is filed, the process can extend to 18 to 36 months. A Polish national trademark in one class costs under PLN 1,000 and typically registers within 6 to 8 months.

Q: Does GDPR compliance or AI Act Poland applicability affect trademark strategy?

A: Directly, no – GDPR Poland obligations and AI Act Poland requirements govern data processing and AI system deployment, not trademark rights. However, businesses building AI-powered products or services subject to DORA compliance requirements often hold significant brand value in their product names and interfaces. For those businesses, trademark registration is part of the broader IP and technology law strategy, not a separate administrative task.

Your brand's priority date cannot be recovered once a competitor files. A specific filing decision – Polish trademark, EUTM, or phased approach – requires analysis of your current markets, planned expansion, and the clearance search results. Acting without that analysis risks an opposed application and months of unprotected trading.

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

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 IP protection, trademark registration, 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.