Owners are required to register their trademarks in order to establish rights. The first-to-file rule is effective in Czech Republic.
The web address of the national trademark office of Czech Republic is available at: http://www.upv.cz/
No. Actual use or intent to use is not mandatory for registration.
The following are grounds for opposition:
- Breach of copyright
- Proprietary right
- Generic marks or terms
- Conflicts with morality and public order
- Bad faith
- Rights in a company name, personal name, or registered design
- Unauthorized use of emblems or insignias of a nation
- Use of geographical indication
- Rights in trade names
- Registration under agent’s name
- Use of protected state emblems, armorial bearings or flags
- Rights of a famous or well-known trademark
- Mark is functional, misleading, not distinctive, or descriptive
The following third parties may challenge your trademark registration:
- Any interested or aggrieved parties
- Owners of an earlier registered mark that is similar to your mark
- Licensees
- Third parties whose rights will be infringed by your application
Yes. Registered marks can be cancelled on the following grounds:
- Bad faith
- User Requirements of Section V.G. are not met
- Prohibited marks
- Use of mark in deceptive manner
- Use of a protected badge or emblem
- Conflicts with morality or public order
- Use of geographical indication
- Mark is misleading, descriptive, generic, functional or does not show distinctiveness
Yes. The following rights will be secured through registration of mark:
- Exclusive rights to use the mark
- Rights to object to later conflicting applications
- Rights to appeal for the cancellation of later conflicting applications
- Rights to sue third parties for infringement
- Rights to obtain damages from third parties due to infringement
- Rights to appeal for the confiscation of fake imported goods
The opposition period lasts for three months. It will start on the date of the publication of application and will end three months after that date.
Yes. This jurisdiction is a member of the Madrid Agreement and Madrid Protocol.
No. Periodic statements of use are not needed.