Enforcing EU Trademarks in Poland under Article 125(5) EUTMR: A Strategic Option for Rapid, EU-Wide Relief
When faced with trademark infringement in the EU, rights holders often underestimate the power of choosing the right venue. Article 125(5) of the EU Trade Mark Regulation (EUTMR) offers a strategic route: enforcement where infringement occurs or is threatened, even if the infringer has no domicile or establishment there. Poland, with its efficient procedures and relatively low costs, has become an attractive jurisdiction for such actions.
What Does Article 125(5) EUTMR Say?
Under Article 125(5) of Regulation (EU) 2017/1001, an EUTM owner may bring an infringement action in any EU Member State where the infringement occurred or is likely to occur. This provision allows enforcement even when the defendant has no domicile or place of business in that country.
In practical terms, if an infringer sells infringing products online and targets Polish consumers—whether through language, currency, or delivery—Polish courts have jurisdiction under Article 125(5). This can be used even when neither party is based in Poland.
Polish Courts and Preliminary Injunctions: Local Orders with EU Reach
One of the most powerful enforcement tools available in Poland is the preliminary injunction. Polish courts can grant injunctions ex parte (without hearing the infringer) to immediately stop ongoing or imminent trademark violations.
Because the action is based on an EU trademark, the injunction can have effect across the entire EU, not just in Poland. This means a Polish court can order:
takedown of infringing websites,
removal of products from EU-wide marketplaces,
or a general cease-and-desist across the whole EU market.
The legal basis for cross-border enforceability is Regulation (EU) 1215/2012 (Brussels I bis), which mandates mutual recognition and enforcement of civil decisions across Member States—including interim measures like injunctions.
This mechanism gives trademark owners the ability to act quickly and cost-effectively against pan-European infringements from a single jurisdiction.
Costs: How Much Does It Cost to Enforce an EUTM in Poland?
Poland offers one of the most cost-effective litigation frameworks for IP enforcement in the EU:
Court Fees:
Preliminary injunction application: PLN 100 (~€24 / $28 USD)
Full infringement claim: PLN 600 or up to 5% of the value of the subject matter of the dispute (amount in dispute), but never more than PLN 200,000 (approx. €142–€47,248 / $165–$55,125 USD).
Cross-Border Enforcement Costs:
Certified translations
Enforcement agent fees (in target country): varies
Importantly, costs are often recoverable from the losing party, making enforcement financially viable—especially when quick action is needed to minimise brand damage.
Timeline: How Long Does It Take?
Speed is a major advantage of pursuing enforcement in Poland:
Preliminary Injunctions:
Statutory deadline: Court must decide “without delay,” typically within 7 days for ex parte motions
In practice: Decisions can be issued in 3–10 business days, or 3–6 weeks if a hearing is scheduled
Final Judgments:
First instance proceedings: 8–18 months
Appeals may extend the total timeline, but interim relief often renders full litigation unnecessary in urgent cases
Injunctions are immediately enforceable in Poland and may also be enforced in other EU Member States through the procedure provided under the Brussels I bis Regulation.
Step-by-Step: Enforcing an EUTM via Polish Courts
Identify the infringement (ideally with evidence that it affects the Polish market)
File for a preliminary injunction in a competent Polish court
Submit a main infringement claim within 2 weeks of injunction (required by law)
Enforce the injunction across the EU, if applicable
Pursue final judgment, or settle once compliance is secured
Conclusion: Why Choose Poland for EU Trademark Enforcement?
Poland offers EUTM owners a strategic combination of:
Jurisdictional flexibility under Article 125(5),
Fast-track preliminary injunctions,
EU-wide effect of court orders,
Low litigation costs, and
Efficient civil procedure with increasing IP specialization.
For online or cross-border infringements targeting EU consumers, particularly those that touch the Polish market, this route can be a game-changing enforcement strategy.
