Trademark Search in Czech Republic

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Frequently Asked Questions
What is the trademark registration time frame?

The average time frame from filing the application to grant of registration is 9 months. This estimated time span is suitable only for applications without obstacles and those that will go through a regular prosecution.

If I register my trademark in Czech Republic, do I have protection in other territories?

No. The territorial limit of your mark’s protection is Czech Republic only.

Do I need to sign a Power of Attorney?

Yes. A power of attorney must be submitted upon filing of application.

Are there any benefits from using the trademark before filing?

Yes. We recommend pre-filing use of the mark to avoid oppositions based on non-distinctiveness.

Will there be problems in case I don’t use my trademark after registration?

Yes. Not using your registered mark may result to authorities proclaiming it as invalid.

What are the types of trademark that can be registered in Czech Republic?

Any sign that is graphically reproducible and is capable of showing the difference of a good or service from others is accepted for registration. 

  • Names
  • Words
  • Slogans
  • Colors
  • Shapes (with three dimensions)
  • Devices
  • Holograms
  • Sounds
  • Trade dress
What are the phases of application after a trademark has been filed in Czech Republic?

The sequence of the application procedure is as follows: 

  1. Examination – The trademark authorities will examine the application if it is compliant in terms of: formalities, descriptiveness, classification, and distinctiveness. The mark must not be in conflict with other applications and it must not be deceiving to the public.
  2. Publication – The specific details of the application will be published online for interested parties to see. Particulars include: mark, goods and services, name and address of applicant, date and number of application, representation and priority claim.
  3. Registration – After the prosecution and once the obstacles have been overcome, the registration will be issued.
What type of trademark is non-registrable?

Applicants cannot register the following marks: 

  • Marks that have issues with morality and public order
  • Generic words or general terms
  • Marks that serve mainly as a surname
  • Marks that serve mainly as a name of a geographic location
  • Marks that lack distinctiveness
  • Use of flags, names or symbols of nations, states, regions or international organizations
Does Czech Republic use the "Nice Classification" system?

Yes. Nice Classification system is effective in this jurisdiction.

Does the Community Trademark apply for Czech Republic?

Yes. European Union Trade Mark takes effect in this jurisdiction.

Is there any possibility to claim priority in Czech Republic?

Yes. You may claim the filing date in your home country as the filing date in this jurisdiction if: 

  • Your home country is a member of the Paris Convention
  • The filing date in your home country is less than 6 months from the date of filing application in this jurisdiction
  • The international registration can be based in this jurisdiction
What do I need to do to satisfy the use requirement?

You must use a registered mark within 5 years from the date of its registration. It must be on a commercial scale and must occur in this jurisdiction.

Once my trademark has been registered, for how many years will be valid?

The registered mark will be valid for 10 years.

What will be the renewal date of my trademark?

The first renewal date is computed 10 years from the date of filing your application.

Is it legal to use my trademark even if it is not yet registered?

Yes. You may legally use an unregistered mark for goods or services.

Does having a registered trademark in Czech Republic give me any right?

Owners are required to register their trademarks in order to establish rights. The first-to-file rule is effective in Czech Republic.

What is the web address of the trademark national office?

The web address of the national trademark office of Czech Republic is available at: http://www.upv.cz/

Is there any need to use my trademark before I apply for registration?

No. Actual use or intent to use is not mandatory for registration.

What are the grounds for a Trademark Application to be opposed?

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
Who can oppose my trademark registration?

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
Is it possible to cancel a registration?

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
Are there any rights established by having a registered trademark?

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
How long is the opposition period?

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.

Is Czech Republic a member of the Madrid System?

Yes. This jurisdiction is a member of the Madrid Agreement and Madrid Protocol.

Do I need to present periodic statement of use?

No. Periodic statements of use are not needed.

When should I renew my trademark?

Renewals are made every 10 years.

What will be the renewal date of my trademark?

The first renewal date is computed 10 years from the date of filing your application.

Is there any documentation that should be presented when renewing a trademark?

A power of attorney is necessary if the renewal will be done by a different attorney.

If my trademark expires, do I have a grace period?

A 6-month grace period is available after the expiration date of your mark.

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