Trade marks and industrial designs can already be reported in the fast track mode. These procedures will enable applications to be examined more quickly (and in the case of trademarks also published) if they meet the conditions for accelerated procedure.
Conditions for trade mark applications
Fast Track applications may meet the conditions for Fast Track at the time of execution, but may no longer meet them at a later stage of the procedure.
The Office, after examining the question of the formal application for a trade mark, checks whether the trade mark applied for has the ability to register — the distinctive capacity and whether it meets the other so-called absolute conditions for granting a safeguard right (the examination of the registration capacity of the mark was limited to the so-called absolute conditions included in the Article 1291 (pwp).
If it is found that the notification has ceased to comply with the Fast Track procedure referred to in this document, it will be excluded from this mode and will continue to be dealt with under ordinary procedure. The Office shall inform the applicant or his representative in writing of the fact that it has been excluded from Fast Track.
Conditions for accelerated procedures (Fast Track) for trademark applications.
Fast Track applications can only be made in electronic form through the Patent Office Electronic Services Platform (PUEUUP).
The applicant or proxy must have a profiled client account on the PUEUP.
The notification should only be made by means of a form Application for a trademark protection right–speeded mode for Fast Track applications.
The application fee should be made by electronic payment service (e-Payment) - the service available in the client's account at PUEUP, before sending the application to the Office.
Throughout the course of the proceedings, the application should be made electronically. The applicant or the representative may not make a declaration of resignation from electronic mailing. A change in the delivery mode will be considered to be a case excluding a trademark from the Fast Track mode.
An application for a trade mark may concern only individual protection rights. The application may not relate to a common trade mark, a guarantee trade mark, a trade mark covered by a common safeguard law.
The application for a trade mark must be uniform. The non-unity of the application will be considered as a circumstance excluding the application for a trade mark from the Fast Track mode.
Form, Application for protection rights on trademark-speeded mode should be properly completed. Irregularities in this respect will be considered to be a circumstance excluding a trade mark from the Fast Track mode.
- the name of the applicant - in the case of legal persons or natural persons conducting business activities - in accordance with the name in the National Court Register (CRS) or Central Register and Information on Business Activity (CEIDG), while indicating the current address of the registered office or residence of the applicant;
- the designation of the representative - the name and address of the representative if the applicant acts by the representative. The application shall be accompanied by a power of attorney (effectively authorising the proxy to act on behalf of the power of attorney) and proof of payment of the tax fee;
- prior priority - if prior priority is reserved in the application, then all necessary documents relating to priority, e.g. proof of priority, and, if necessary, translation of proof of priority, a statement on the basis of the use of prior priority should be included;
- the determination of the trade mark (type of trade mark and its presentation) - the type of trade mark for which protection is sought by the applicant must be determined. The application may relate to only one trade mark, where, in the case of colour marks, a mark covering one colour combination is considered to be a single mark. Practically accepted types of trade marks:
the word sign,
word-graphic sign,
graphic symbol,
Spatial sign,
the position sign,
the designation,
colour,
sound sign,
moving sign,
multimedia sign,
holographic sign,
a different sign.
The application must be accompanied by a file containing a representation of the trade mark. In the case of a spatial mark, if the elements to be protected are on different planes, appropriate throws shall be attached. It is also possible to submit a single view of the spatial sign provided that the spatial effect of the sign is visible. The character should be presented in a file of specified format. Acceptable electronic file formats for representation of individual character types:
The presentation of a mark in a file of another format will be considered to be a circumstance excluding a trademark from the Fast Track mode.
- a description of the trade mark - depending on the type of trade mark, it may be necessary to add a description of the mark to the application if its presentation is not sufficient for its full presentation. If colours (colour characters) are used in the sign, the description should contain a list of all colours included in the sign. A description may be attached to any trademark. If the description is provided in the application, it must be in conformity with the representation of the trade mark. A description of a mark which does not apply in whole or in part to the trade mark applied for (does not agree with its representation) will be considered to be an event excluding a trade mark from the Fast Track mode.
Attaching the trade mark description is necessary for the following types of trade marks:
- the position sign,
- the design mark,
- colour,
- moving sign,
- a different sign.
The descriptions of the above marks will be disclosed in the Office's online database (e-searcher). The absence of a description in the case of the above-mentioned types of trade marks will be considered to be a fact excluding a trade mark from the Fast Track mode.
- a list of colours - in the event of a trade mark being claimed in a particular colour scheme, and so in the case of a trade mark containing coloured elements, the representation of the mark shall be presented in colours, specifying the list of colours used, in accordance with the International Classification of Image Elements (Vienna Classification). If necessary, it is possible to specify the colour used in the sign using specific parameters - color codes/color pallets. The RGB colour palette is recommended. In the case of colour marks, their representation shall be required to accurately represent any colours to be protected. The colour indication only in the description will not be sufficient for their objection to the trade mark applied for. The indication of colours which do not correspond to representation will be considered to be a circumstance excluding a trademark from the Fast Track mode.
- the list of goods and services - in the event of an accelerated procedure, the list of goods and services shall only be drawn up using the TMclass tool, which contains a harmonised database (HDB). The list of goods and services drawn up without the names of the goods and services contained in HDB and which includes its own proposals for such terms shall be considered to be a fact excluding a trade mark from the Fast Track mode.
- signature - the application should bear a qualified electronic signature, a trusted signature or a personal signature. In the case of a multiple representation of an entity, the application should be signed in accordance with the principle of representation of the entity indicated in the KRS or any other document indicating the manner of representation. The incorrect signature of the application will be considered to be a fact excluding the trademark from the Fast Track mode.
The notified mark must have a registration capacity - distinguishing capacity and meet the absolute conditions referred to in Article 1291 Industrial Property Law.
All necessary evidence and documents should be provided. The deficiencies in this respect will be considered to be a circumstance excluding the application for a trade mark from the Fast Track mode.
At the same time, in order to accelerate the issue of a protection certificate for applications under consideration under Fast Track, the applicant or the representative, upon receipt of a decision to grant a protection right as a trade mark, should:
to pay the fee indicated in the decision granting protection rights to the Patent Office:
(a) for the first ten years of trade mark protection, and
(b) for publication of a trademark right of protection in the amount 90 PLN.
to make a declaration of waiver of the right to apply for review of a case from a decision granting a safeguard right (Article 127a (kpa).
The conditions for accelerated procedure (the Fast Track mode) for applications of industrial designs can be found here: Fast Track mode | Patent Office of the Republic of Poland (uprp.gov.pl)