English
The average time frame for the registration approval is 9 months, if no objections or oppositions arise.
No. The territorial limit of your mark’s protection is Czech Republic only.
Yes. A power of attorney must be submitted upon filing of application.
Yes. We recommend pre-filing use of the mark to avoid oppositions based on non-distinctiveness.
Yes. Not using your registered mark may result to authorities proclaiming it as invalid.
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
The sequence of the application procedure is as follows:
- 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.
- 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.
- Registration – After the prosecution and once the obstacles have been overcome, the registration will be issued.
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
Yes. Nice Classification system is effective in this jurisdiction.
Yes. European Union Trade Mark takes effect in this jurisdiction.
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
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.
The registered mark will be valid for 10 years.
The first renewal date is computed 10 years from the date of filing your application.
Yes. You may legally use an unregistered mark for goods or services.
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.
Renewals are made every 10 years.
The first renewal date is computed 10 years from the date of filing your application.
A power of attorney is necessary if the renewal will be done by a different attorney.
A 6-month grace period is available after the expiration date of your mark.