Registering a trademark with the Polish Patent Office can be the right path for many entrepreneurs, especially at the initial stages of business development. The situation can change when a company begins exporting goods or entering new markets. It turns out that a Polish registration won't prevent a competitor using an identical trademark in Germany, the United States, or China, and sometimes even registers your brand there before you do.
This challenge stems from the principle of territoriality. Trademark protection is valid only in the territory for which it was granted – a national registration therefore protects only in Poland, while an EU registration protects only within the EU. Extending protection abroad requires conscious action, and entrepreneurs have several options available, based on international agreements (including the Paris Convention and the Madrid System administered by the World Intellectual Property Organization – WIPO) and EU regulations.
Three ways to register abroad
National route: This involves filing a trademark directly with the industrial property office of a given country, in accordance with its internal procedures. This solution is effective when protection is sought in one or two specific countries, especially those outside the Madrid system and the EU. However, the procedure must be conducted in the local language, in accordance with local requirements, and often with the involvement of a local attorney.
The EU route – the European Union trademark (EUTM): a single application with the European Union Intellectual Property Office (EUIPO) provides protection simultaneously in all 27 Member States. An EU trademark is unitary and renewable every ten years. However, since the mark is indivisible, a prior right existing in even one Member State can block registration for the entire EU. This is an optimal solution for companies operating or planning to expand in multiple EU markets.
The international route – the Madrid system – allows for protection in multiple countries based on a single application filed through the home office (for Polish entrepreneurs, this is the Polish Patent Office), in a single language, and with a single set of fees. The requirement is a so-called "basic trademark," meaning a previous national or EU application or registration. The application specifies the countries covered by the system. WIPO conducts only a formal examination, while the office of each designated country decides on the granting of protection, according to its own law and usually within 12–18 months.
Before you submit your application – what to remember
Regardless of the chosen path, it's worth considering several issues that determine the success of the entire endeavor. First, it's essential to investigate registrability and potential conflicts in the target countries. Many jurisdictions operate under the "first-come, first-served" principle, and in some regions—especially China and parts of Latin America—squatting, or registering other well-known brands for the purpose of later resale or blocking market entry, is a common problem. Checking whether an identical or similar mark has already been filed helps avoid costly refusals and disputes. Second, the scope of protection must be properly defined using the Nice Classification, indicating the classes of goods and services for which the mark is to be protected. Too narrow a list leaves gaps, while too broad generates unnecessary costs and the risk of allegations of lack of genuine use. Third, it's worth taking advantage of the priority right under the Paris Convention. By filing a mark abroad within six months of the first filing (e.g., in Poland), you can invoke its earlier filing date. This is an important tool that protects against a competitor who, in the meantime, might try to register a similar mark.
How to choose the right path
Choosing a procedure is primarily a matter of market and cost considerations. If you're targeting multiple European Union countries, an EU trademark will often be the most advantageous option. When targeting a single market outside the EU, a national approach can make sense. However, when expanding to multiple countries in different regions of the world, the Madrid system offers an advantage – a single procedure, a single fee currency, and the ability to manage the entire portfolio centrally, with a single renewal every ten years. Importantly, additional countries can be added later through so-called post-designation, as your business grows.
When choosing the Madrid system, however, it's important to remember its specificity: dependence on the base mark for the first five years. If the base mark is invalidated or expires during this period, the international registration also lapses. In such a situation, it is possible to convert the international registration into a national application, although this involves additional costs. It's also worth noting that the various routes are not mutually exclusive and often complement each other – for example, a single Madrid application can designate both the European Union and selected non-EU countries.
To sum up
Registering a trademark abroad is fully possible and increasingly easier, provided the principle of territoriality is kept in mind and the procedure is carefully selected to fit business plans. Three complementary paths are available: domestic, EU, and international, based on the Madrid system. However, the key to success lies not in the path chosen, but in thorough preparation and analysis of conflicts in target markets, the correct definition of classes of goods and services, and the utilization of priority rights. Due to the differences between the legal systems of individual countries and the real risk of brand registration by third parties, it is advisable to consult with a patent attorney before developing a protection strategy.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of July 9, 2026.
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