Global Trademark GO - Czech Republic - Introduction to Czech Trademark Application

The Czech Republic currently implements the Trademark Law promulgated in 2003. You can apply for registration of word trademarks, graphic trademarks, space trademarks, position trademarks, and color trademarks in words, names, letters, numbers, graphics, product shapes and outer packaging, or a combination of the above elements. , pattern (Withpattern), sound trademark, multimedia trademark, hologram trademark, action trademark, etc.

In January 2019, the Czech Republic officially implemented the "European Union Trademark Directive No. 2015/2436". Since then, trademark registration applications no longer have to be submitted in a graphical form, but can be recognized by public institutions and ordinary citizens. Presented in the manner protected by the trademark, this means that sound trademarks, mobile trademarks and multimedia trademarks can also be applied for in the Czech Republic; in addition, according to this revised decree, the Czech Industrial Property Office will no longer take the initiative to apply for trademarks covering the same If a later trademark application for products and services that are identical to an earlier application is issued with a rejection notice, this task will be borne by the earlier trademark owner. In addition, for certification trademarks that can be used to distinguish certain characteristics, only applicants who meet the product and certification requirements are eligible to file.

1. Trademark authority

• Industrial Property Office of the Czech Republic (ÚPV)
• Website: Industrial Property Office of the Czech Republic (gov.cz)
• Trademark search: RESDB-Vyhledávací formulář ochranných známek (upv.cz)

2. How to apply for trademark registration

• electronic submission

3. Trademark registration application language

• Czech

4. Documents required for trademark registration application

• List of goods or services based on international classification;
• Trademark pattern;
• Application fee (can be paid within 1 month after application).
• The power of attorney does not need to be authenticated or notarized, but it must be signed and dated. The original power of attorney should be provided within 1-2 months after the Czech patent application is submitted. If the Czech Industrial Property Office does not require original copies, only scanned copies can be submitted.
• Priority information must be submitted together with the trademark application, and priority documents should be submitted within 3 months of applying for the trademark. The Patent and Trademark Office may request a Czech translation of the priority document.

5. Czech trademark registration application process

• IPO CZ will first conduct a formal review on whether the trademark registration application complies with the provisions of the Trademark Law, and then conduct a substantive review to determine whether the registration application belongs to a designated object that does not meet the registration conditions, such as whether it is a generic or descriptive name, Deceptive or false names, etc.

6. Documents required for trademark change/transfer

• Name and address change information
• power of attorney
• transfer agreement
• Trademark registration certificate

7. Trademark cancellation

• If a trademark has not been used for five consecutive years after registration, anyone may file a trademark cancellation request.

8. Trademark objections

• The opposition period is within 3 months after the trademark application is announced, and anyone can file an opposition request during the opposition period. This period cannot be extended.
• The applicant for an opposed trademark may require the opposition requesting party to provide proof of trademark use during the opposition procedure.

9. Authorization, validity period and trademark renewal

• Trademark applicants are required to pay the trademark registration fee within 30 days from the application date. A trademark is valid for 10 years from the date of application. The validity period can be renewed for 10 years each time, and there is no limit on the number of renewals. Renewal requests may be submitted during the last year of validity, but must be submitted before the expiration date. Late renewal requests may be submitted after the expiration date, subject to late fees. If a renewal application is not submitted, the trademark will be revoked.

10. Average time for trademark authorization

• If the trademark registration goes smoothly, the time for trademark registration in the Czech Republic is about 12-15 months.