Many people may associate a trademark with the activities of businesses, especially the largest and internationally active ones. Therefore, it's worth answering the question of whether other businesses, such as micro-entrepreneurs or individuals not conducting business activity, can also apply for trademark registration. According to Article 120, Section 1 of the Industrial Property Law: "A trademark may be any sign that distinguishes the goods of one enterprise from those of another and that can be represented in the trademark register in a manner that allows for the unambiguous and precise determination of the subject matter of the protection granted."
The cited provision may suggest that trademarks can only be registered by entrepreneurs, since the mark is intended to distinguish the goods of "entrepreneurs." However, the Industrial Property Law does not define the terms "enterprise" and "entrepreneur." Pursuant to Article 551 of the Civil Code, an enterprise is an organized set of intangible and tangible assets intended for conducting business activity. Therefore, in Polish civil law, an enterprise is generally considered an object of law. The legal entity conducting business activity is an entrepreneur. According to the established position in legal doctrine, running a business is not a requirement for obtaining trademark registration with the Polish Patent Office.
According to the position presented in the doctrine: "(...) a trademark application may be filed by any legal entity, not necessarily conducting business activity, and even if it does, it is not necessarily within the scope of goods or services listed in the list of classes of goods or services in the application. This assumption is explained in practice primarily by the fact that the entity formally entitled to use the trademark does not have to use it personally. Therefore, the trademark does not always have to be conceived as meeting its market needs." ( J. Sieńczyło-Chlabicz (ed.), Industrial Property Law. Commentary, Warsaw 2020, art. 120). This position should be supported. Trademarks at the Polish Patent Office, as well as at the EU Intellectual Property Office, can be registered in the name of both natural and legal persons. Moreover, registration does not require the submission of evidence of conducting business activity, such as an extract from the CEIDG or the National Court Register. An individual who does not conduct business activity may begin conducting business activity after the trademark is registered. It may also license the trademark to other entities and use it in this way.
Moreover, the legislation related to trademarks does not provide for any restrictions related to the registration of trademarks due to the size of the enterprise, the legal form of the entrepreneur or the scope of its activities.
To sum up, any natural or legal person can register a trademark without having to prove that they conduct business activity or meet further criteria.
This alert is for informational purposes only and does not constitute legal advice.
Legal status as of February 13, 2025
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