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Czech law, Czech legal news

Trademark protection in the Czech republic

The IPO CZ registers the Community trade marks, International trade marks and national trade marks.

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Registration procedure

The procedure of the national trade mark registration usually takes 6-8 months after filing the application.

Application for registration of a trade mark shall be made to the IPO CZ; each application for registration may comprise only one trade mark. The application shall contain

a) a request for registration of the trade mark in the register,

b) the name and address of the natural person and his/her permanent address, or an address for service, if the applicant is a natural person, or the corporate name, or other name and the seat, if the applicant is a legal person (hereinafter referred to as “the information identifying the applicant”),

c) information identifying the representative, if the applicant is represented by a representative,

d) a list of goods or services in respect of which it is sought to register the trade mark,

e) a representation of the trade mark.

Fee 1€ = 27 CZK       1$ = 21 CZK             £1 = 32 CZK

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The IPO CZ carries out a formal examination to find out whether the application has all necessary particulars stipulated by the law followed by a substantive examination to find out whether the designation applied for is qualified for registration, for instance if it is not identical to any already registered trademark or whether it is not a generic name or descriptive denomination, misleading or false indication and the like. Than publishes the application in the Official Journal for observations and opposition. If no opposition was filed, the IPO CZ registers the trade marl

The application for trademark registration can be filed by any individual or legal entity. By registering in the trademark register the owner acquires an exclusive right to use the trademark.

Duration

The term of protection is ten years and can be repeatedly renewed for another ten years upon request of the trademark owner and payment of the renewal fee.

Rights conferred by a trade mark

(1) The proprietor of the trade mark shall have the exclusive right to use the trade mark in relation to the goods or services covered by the trade mark. The proprietor of the trade mark proves his rights by means of an abstract from the Register, or by means of a certificate of registration. The proprietor of the trade mark has the right to use the sign ® together with the trade mark.

(2) Unless otherwise provided by this Act (Sections 10 and 11), third parties may not use without the consent of the proprietor of the trade mark in the course of trade

a) any sign which is identical with the trade mark for goods or services which are identical with those for which the trade mark is registered;

b) any sign where because of its identity with or similarity to the trade mark and because of the identity or similarity of the goods or services to which the trade mark and that sign are affixed, there exists a likelihood of confusion on the part of the public, including the likelihood of association between the sign and the trade mark;

c) any sign identical with or similar to the trade mark for goods or services which are not similar to those for which the trade mark is registered, where the trade mark has a good reputation in the Czech Republic and where the use of that sign would without due course take advantage of or be detrimental to the distinctive character or the good reputation of the trade mark.

Revocation

If, within the period of five years following the registration, the proprietor of the trade mark has not put the trade mark to genuine use for goods or services in respect of which it is registered, or if such use has been suspended during an uninterrupted period of five years, the trade mark shall be subject to revocation.

Relevant information and applications are available on the website of the Czech Industrial Property Office with its seat in Prague.

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About ondrejovae

Czech Attorney/Barrister located in Prague with specialization in media law and protection of personal rights

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Dear readers and followers, I would like to make an announcement that I have opened my own legal office. The website of the office is www.ondrejova.cz

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