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Act No. 441/2003 Coll.
on Trade marks and the Amendments to Act No. 6/2002 Coll. on Courts, Judges, Lay
Judges and State Court Administration and on the Amendments to Certain Other
Acts (Act on Courts and Judges), as amended
The Parliament has resolved on the following Act of the Czech Republic:
PART ONE
TRADE MARKS
CHAPTER I
Section 1
This Act shall implement the relevant regulations of the European Union16) and shall regulate
trade marks.
GENERAL PROVISIONS
Trade mark concept
Section 1a
Signs of which a trade mark may consist
Under the conditions defined in this Act, a trade mark may consist of any signs, in particular,
words, including personal names, colours, designs, letters, numerals, the shape of goods or the
packaging of goods, or sounds, provided that such signs are capable of:
a) distinguishing the goods or services of one undertaking from those of another; and
b) being represented in the Register of Trade marks (hereinafter referred to as “the Register”)
in a manner which enables the competent authorities and the public to determine the clear
and precise subject matter of the protection afforded to its proprietor.
Section 2
The following trade marks shall enjoy protection in the territory of the Czech Republic:
a) trade marks registered in the Register kept by the Industrial Property Office (hereinafter
referred to as “the Office”) (hereinafter referred to as “national trade marks”);
b) trade marks with effects in the Czech Republic, registered in the register kept by the
International Bureau of the World Intellectual Property Organisation14) on the basis of an
international application pursuant to the Madrid Agreement concerning the International
Registration of Marks (hereinafter referred to as “Madrid Agreement”) or of the Protocol
Relating to the Madrid Agreement1) (hereinafter referred to as “international trade
marks”);
c) trade marks registered, pursuant to the Regulation of the European Parliament and of the
Council on the European Union Trade Mark2) (hereinafter referred to as “European
Parliament and Council Regulation”), in the register kept by the European Union Intellectual
Property Office (hereinafter referred to as “European Union Trade Mark”);
d) trade marks which are well known on the territory of the Czech Republic pursuant to Article
6bis of the Paris Convention for the Protection of Industrial Property (hereinafter referred
to as “the Paris Convention”)3) and to Article 16 of the Trade-Related Aspects of
Intellectual Property Rights4) (hereinafter referred to as “generally well known trade marks”).
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Section 3
For the purpose of this Act, an “earlier trade mark”, taking account of the priority claimed
(Section 20), means:
a) subject to registration and an earlier filing date:
1. national trade mark;
2. international trade mark;
3. European Union trade mark;
b) European Union trade mark for which is claimed the seniority pursuant to Article 39 and 40
of the European Parliament and Council Regulation on the basis of an earlier trade mark
referred to in paragraph a) points 1 and 2 (hereinafter referred to as “seniority”) even if the
proprietor has surrendered the earlier trade mark or the earlier trade mark has lapsed;
c) applications for trade marks referred to in paragraphs a) and b), subject to their registration;
d) well known trade mark the protection of which was acquired prior to the date of application for
a later trade mark, if such mark enjoys protection on the date of application for the later trade
mark.
Grounds for refusal of protection
Section 4
The following shall not be registered:
a) a sign which cannot constitute a trade mark within the meaning of Section 1a);
b) a sign which is devoid of any distinctive character;
c) a sign which consists exclusively of signs or indications which may serve, in trade, to
designate the kind, quality, quantity, intended purpose, value, geographical origin or the
time of production of goods or of rendering of services, or other characteristics of goods
or services;
d) a sign which consists exclusively of signs or indications which have become customary
in the current language or in bona fide and established practices of the trade;
e) a sign which consists exclusively of the shape, or another characteristic, which results
from the nature of the goods themselves, or which is necessary to obtain a technical
result, or which gives substantial value to the goods;
f) a sign which is contrary to public policy or accepted principles of morality;
g) a sign which is of such a nature as to deceive the public, for instance, as to the nature,
quality or geographical origin of the goods or services;
h) a sign which consists of, or reproduces in its essential elements, an earlier plant variety
denomination registered in accordance with the Czech Republic and European Union
legislation, or international agreements to which the Czech Republic or the European
Union is a party, providing protection for plant variety rights, and which are in respect
of plant varieties of the same or closely related species;
i) a sign which contains signs which are protected pursuant to Article 6ter of the Paris
Convention3) and the registration of which has not been authorized by the competent
authorities;
j) a sign which contains badges, emblems and escutcheons other than those mentioned in
Article 6ter of the Paris Convention3), if their use is subject to public interest, unless the
consent of the competent authority to their registration has been given;
k) a sign which contains a sign of high symbolic value, in particular a religious symbol;
l) a sign the use of which is contrary to the Czech Republic or the European Union
legislation or contrary to the obligations ensuing for the Czech Republic from
international agreements to which the Czech Republic or the European Union is party,
in particular those providing protection for designations of origin and geographical
indications, traditional terms for wine, and traditional specialities guaranteed.
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Section 5
The sign referred to in Section 4 b) to d) may be registered if the applicant proves that prior to
the registration of a trade mark the sign has acquired distinctive character, as a consequence of
use of the sign in the trade in relation to the applicant’s goods or services for which
registration is applied for.
Section 6
(deleted)
Section 7
(1) No sign shall be registered if an opposition to the registration of a trade mark (“opposition”)
has been lodged with the Office by:
a) the proprietor of the earlier trade mark which is identical to the sign applied for and which is
protected for goods or services identical to those for which the sign applied for shall be
registered;
b) the proprietor of an earlier trade mark if, because of its identity with, or similarity to, the
earlier trade mark and the identity or similarity of the goods or services covered by the trade
marks, there exists a likelihood of confusion on the part of the public; the likelihood of
confusion includes the likelihood of association with the earlier trade mark.
c) the proprietor of an earlier trade mark identical or similar to the sign applied for, irrespective
of whether the goods or services for which it is applied are identical with, similar to or not
similar to those for which the earlier trade mark is registered, where the earlier trade mark
has a reputation in the Czech Republic and, in the case of a European Union trade mark, has
a reputation in the European Union and the use of the sign applied for without due cause
would take unfair advantage of, or be detrimental to, the distinctive character or the repute of
the earlier trade mark;
d) the proprietor of a trade mark, if the application for registration of the trade mark
(“application”) has been filed by the trade mark proprietor’s representative in his own name
and without the proprietor’s consent, unless the representative justifies his action;
e) the user of a non-registered trade mark or another sign used in the course of trade, who
acquired, prior to the date of application for registration, rights to the non-registered trade
mark or other sign used in the course of trade, if there is a likelihood of confusion on the part
of the public because of the identity or similarity of the sign applied for to the non-registered
trade mark or other sign and the identity or similarity of the goods or services covered by
these signs; the likelihood of confusion includes likelihood of association;
f) the natural person whose personal rights, in particular, right to a name, right of personal
portrayal, and right to protection of personal expressions, may be infringed on by the sign
applied for or, possibly, by the entity entitled to assert these rights;
g) the person holding copyrights, if an author’s work may be infringed on by the use of the sign
applied for; or
h) the proprietor of an earlier right in other industrial property, if industrial property rights may
be infringed on by the use of the sign applied for.
(2) The opposition may also be lodged by the applicant for registration of the trade mark
referred to in Section 3 c) and the applicant for registration of the right in other industrial
property pursuant to paragraph 1 h), if such right is registered.
(3) If the person entitled to lodge opposition pursuant to paragraph 1 (hereinafter referred to as
“the opponent”) grants, after the opposition is lodged, his written consent to the registration of
the trade mark applied for, the opposition shall be deemed to be withdrawn and the Office shall
terminate the opposition proceeding.
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CHAPTER II
EFFECTS OF A TRADE MARK
Section 8
Rights conferred by a trade mark
(1) The proprietor of a 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
shall prove his rights by means of an abstract from the Register, or by means of a certificate
of registration. The proprietor of the trade mark shall have the right to use the sign ® together
with the trade mark.
(2) Unless otherwise provided by this Act (Sections 10 to 11), third parties may not use
without the consent of the proprietor of the trade mark in the course of trade
a) any sign identical to the trade mark for goods or services identical to those for which the trade
mark is registered;
b) any sign where, because of its identity or similarity to the trade mark and because of the
identity or similarity of the goods or services covered by the trade mark, 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 or similar to the trade mark, irrespective of whether the goods or services
for which it is used are identical, similar or not similar to those for which the trade mark is
registered, where the trade mark has a reputation in the Czech Republic and the use of the
sign without due cause would take unfair advantage of, or be detrimental to, the distinctive
character or the repute of the trade mark.
(3) For the purposes of paragraph 2, the use of a sign in the course of trade shall mean, in
particular:
a) affixing the sign to the goods or their packaging;
b) offering the goods or putting them on the market or stocking them for those purposes
under the sign, or offering or supplying services thereunder;
c) importing or exporting the goods under the sign,
d) using the sign on business documents or in advertising;
e) using the sign as a trade or company name or part of a trade or company name;
f) using the sign in comparative advertising contrary to other laws6).
(4) The proprietor of an earlier trade mark shall be entitled to prevent third countries from
bringing goods, in the course of trade, into the Czech Republic without the goods being
released for free circulation where such goods, including the packaging, bear without
authorization a trade mark which is identical to the trade mark registered in respect of such
goods or which cannot be distinguished in its essential aspects from that trade mark. This
shall not apply if, during the proceedings to determine whether the registered trade mark has
been infringed, initiated in compliance with the directly applicable European Union
regulation7), evidence is provided by the declarant or the holder of the goods that the
proprietor of this trade mark is not entitled to prohibit the placing of the goods on the market
in the country of final destination.
(5) If a trade mark has been registered in the name of a trademark proprietor’s representative
without the proprietor’s authorization, the proprietor shall be entitled to prohibit this person
from using the trade mark, unless he duly justifies his action.
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Section 8a
Where the risk exists that the packaging, labels, tags, security features or devices or
authenticity features or devices or any other means to which the trade mark is affixed could be
used in relation to goods or services and that use would constitute an infringement of the rights
of the proprietor of a trade mark pursuant to Section 8 (2) and (3), the proprietor of the trade
mark shall be entitled to prohibit the following acts if carried out in the course of trade:
a) affixing a sign identical or similar to the trade mark on packaging, labels, tags, security or
authenticity features or devices or any other means to which the trade mark may be
affixed;
b) offering or placing on the market or stocking for those purposes or importing or exporting
packaging, labels, tags, security or authenticity features or devices or any other means to
which the trade mark may be affixed.
Section 9
Reproduction of trade marks in dictionaries
If the reproduction of a registered trade mark in a dictionary, encyclopedia or similar reference
work in printed or electronic form gives the impression that it constitutes the generic name of
goods or services, the publisher of the work shall, at the request of the proprietor of the trade
mark, ensure that the reproduction of the trade mark is, without delay, but, in the case of works
in printed form, at the latest in the next edition of the publication, accompanied by an indication
that it is a registered trade mark.
Section 10
Limitation of the effects of a trade mark
(1)If the use complies with the business usage and the principles of honest business conduct, the
proprietor of a trade mark shall not be entitled to prohibit third parties from using, in the
course of trade:
a) the name and surname or address of the third party, where the third party is a natural
person;
b) signs or indications which are not distinctive or which concern the kind, quality,
quantity, purpose, value, geographical origin, or time of production of goods or of
rendering of the services or other characteristics of goods or services;
c) the trade mark for the purpose of identifying or referring to goods or services as those of
the proprietor of that trade mark, in particular, where the use of that trade mark is
necessary to indicate the intended purpose of a product or service, in particular, as
accessories or spare parts.
(2) The proprietor of a trade mark has to tolerate in the course of trade the use of an identical or
similar sign, where the rights to this sign were created prior to the date of filing the application
for registration and the use of that sign is in accordance with the laws of the Czech Republic.
Section 10a
(1) The proprietor of a trade mark shall be entitled to seek, pursuant to another law8), that the
court prohibit the use of a sign only to the extent that the proprietor’s rights are not liable to be
revoked pursuant to Section 31 (1) a) at the time the infringement action is brought.
(2) If, on the date of bringing the action, the trade mark has been registered for at least 5 years,
the proprietor of the trade mark shall furnish proof that, during the 5 years period preceding the
date of bringing the action, the trade mark has been put to genuine use in compliance with
Section 13 in connection with the goods or services in respect of which it is registered and
which are cited as justification for the action or that there are proper reasons for non-use.
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Section 10b
(1) The proprietor of an earlier trade mark shall not be entitled to seek, pursuant to another
law8), that the court prohibit the use of a later trade mark where the later trade mark would not
be declared invalid pursuant to Section 12 (1) or (3) or Section 32b (2) or (3).
(2) The proprietor of an earlier trade mark shall not be entitled to seek, pursuant to another
law8), that the court prohibit the use of a later European Union trade mark where that later
European Union trade mark would not be declared invalid pursuant to Article 60 (1), (3) or (4),
Article 61 (1) or (2), or Article 64 (2) of the European Parliament and Council Regulation.
(3) If the proprietor of an earlier trade mark is not entitled to seek that the court prohibit the use
of a later trade mark pursuant to paragraph 1 or 2, the proprietor of the later trade mark shall not
be entitled to prohibit the use of the earlier trade mark, even though that earlier right may no
longer be invoked against the later trade mark.
Section 11
Exhaustion of trade mark rights
(1) The proprietor of a trade mark shall not be entitled to prohibit its use in relation to goods
which have been put on the market in a Member State of the European Union or in another
member state of the European Economic Area under that trade mark by the proprietor or with his
consent.
(2) Paragraph 1 shall not apply where there exist legitimate reasons for the proprietor to oppose
further commercialization of the goods, especially where the condition of the goods is changed
or impaired after they have been put on the market.
Section 12
(1) The proprietor of an earlier trade mark, who has acquiesced, for a period of 5 successive
years, in the use of a later trade mark while being aware of such use he shall no longer be
entitled on the basis of the earlier trade mark to apply for a declaration that the later identical or
similar trade mark is invalid in respect of the goods or services for which the later trade mark
has been used, unless the registration for the later trade mark was not applied for in good faith.
(2) The proprietor of a later trade mark shall not be entitled to prohibit the use of an identical
or similar earlier trade mark or to apply for a declaration that earlier trade mark is invalid even
though the proprietor of the earlier trade mark could no longer invoke his trade mark rights.
(3) The user of the earlier sign as referred to in Section 7 (1)(e), who has acquiesced, for a
period of 5 successive years, in the use of a later trade mark, while being aware of such use, he
shall no longer be entitled to apply for a declaration that the identical or similar later trade mark
is invalid in respect of the goods or services for which the later trade mark has been used unless
the registration for the later trade mark was not applied for in good faith.
CHAPTER III
USE OF A TRADE MARK
Section 13
Use of a trade mark
(1) If, within a period of 5 years following registration the proprietor has not put the trade mark
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to genuine use in connection with the goods or the services in respect of which it is registered,
or if such use has been suspended during an uninterrupted period of 5 years, the consequences
pursuant to Sections 10a, 26a, 31 or 32c shall occur, unless there are proper reasons for non-use.
With regard to international trade marks designating the Czech Republic, the date of registration
shall be considered the date on which the refusal of protection under the Madrid Agreement or
the Protocol Relating to the Madrid Agreement can no longer be notified. If the refusal of
protection has been notified on the grounds in Section 4, or an opposition has been lodged on
the grounds in Section 7, the 5 years period shall be calculated from the date on which decisions
in these proceedings become final and can no longer be contested in court. The genuine use of a
European Union trade mark shall be determined in accordance with Article 18 of the European
Parliament and Council Regulation.
(2) The genuine use of a trade mark for the purpose of paragraph 1 shall also include:
a) use of the trade mark in a form differing in elements which do not alter the distinctive
character of the trade mark in the form in which it was registered, regardless of whether or
not the trade mark in the form as used is also registered in the name of the proprietor;
b) affixing of the trade mark to goods or to the packaging of goods solely for export purposes.
(3) Use of the trade mark with the consent of the proprietor and use of a collective and
certification trade mark by an authorized person shall be deemed to constitute use by the
proprietor.
Section 14
(deleted)
CHAPTER IV
TRADE MARK AS AN OBJECT OF
PROPERTY
Change of ownership
Section 15
(1) A trade mark may be transferred, separately from any transfer of the undertaking, in respect
of some or all of the goods or services for which it is registered. The transfer of the trade mark
shall be made in writing by means of a contract.
(2) A trade mark shall be assigned to the new proprietor also in the cases pursuant to other
laws10).
(3) The transfer of a trade mark shall come into effect after it is registered. Any contracting
party shall be entitled to request the entry of the transfer in the Register.
(4) The assignment of a trade mark shall come into effect towards third parties after it is
registered. The right to request the entry in the Register shall be vested in the original
proprietor’s legal successor or in another authorized person. The transferee may undertake acts
towards the Office relating to the trade mark already after the delivery of the request for entry
of transfer of trade mark rights.
(5) The Office shall enter the facts referred to in paragraphs 3 and 4 in the Register within 1
month after receiving all documents necessary to do so.
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(6) The request for entry of transfer or assignment of a trade mark shall contain:
a) information identifying the previous trademark proprietor;
b) information identifying the transferee; and
c) information on whether the trade mark is transferred or assigned in relation to all or
only some of the goods or services for which it is registered, presented in the order of
the classes of the international classification9), including the relevant class number.
(7) The request for transfer of a trade mark shall be accompanied by the transfer document or an
extract from it or, possibly, by another document substantiating a change in the trade mark
proprietor. The trade mark transfer document shall be attached to the request in the case of
assignment.
(8) The provisions of paragraphs 1 to 7 shall apply mutatis mutandis to the transfer or
assignment of the application.
Section 16
(1) The proprietor of a trade mark registered in a Union country of the Paris Convention3) or in
a member state of the World Trade Organization17) shall be entitled to file with court a request
for entry of change to the trademark proprietor in the Register if the trade mark has been
registered in the name of a representative without the trademark proprietor’s consent.
(2) As a result of a final court decision, the Office shall, upon request, enter the change to the
trademark proprietor in the Register and shall publish this fact public in the Official Journal of
the Industrial Property Office (“Official Journal”). The request for change to a trademark
proprietor has to be accompanied by the final court decision.
Section 17
Other rights
(1) A trade mark may be the subject of security or the subject of another real right, or the
subject of the enforcement of a decision or of a seizure procedure, and may be included in
assets pursuant to other laws6a).
(2) Upon request, the Office shall enter the facts referred to in paragraph 1 in the Register
within 1 month from receiving all documents necessary to do so.
(3) The request for entry of other rights shall contain:
a) information identifying the trademark proprietor and
b) information identifying the person authorized in relation to other rights
(4) The request for entry of the security in respect of a trade mark shall be accompanied by the
security contract and the decision of the court or the administrative authority. The request for
entry of the enforcement of a decision or of a seizure procedure shall be accompanied by the
decision of the court or the administrative authority or by the seizure order.
(5) The security in respect of the trade mark shall be established upon its entry in the
Register, unless otherwise provided in other laws.
(6) The provisions of paragraphs 1 to 5 shall apply mutatis mutandis to the application.
Section 18
Licences
(1) The right to use a trade mark may be licensed through a licensing contract concluded
pursuant to other laws for all or some of the goods or services for which the trade mark is
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registered. A licence may be exclusive or non-exclusive.
(2) The proprietor of the trade mark may invoke his rights conferred by his trade mark against a
licensee who contravenes any provision in his licensing contract with regard to its duration,
the form in which the trade mark may be used, the scope of goods and services for which
the licence is granted, the territory in which the trade mark may be affixed, or the quality of
the goods manufactured or of the services provided by the licensee.
(3) The licensee shall be entitled to join the proceedings for infringement of trademark rights,
initiated by the proprietor of the trade mark pursuant to other laws, for the purpose of obtaining
compensation for damages.
(4) The licence shall take effect towards third parties upon its entry in the Register; any of the
contracting parties may request the entry in the Register.
(5) An application for entry of a licence in the Register shall contain:
a) information identifying the licensor;
b) information identifying the licensee;
c) information identifying the products or services to which the licence relates or
information that the licence relates to all products or services; and
d) information on whether the licence is exclusive or non-exclusive.
(6) The request for entry of a licence in the Register shall be accompanied by the licence
agreement or an extract from it or another document substantiating the provision of the licence.
(7) Any of the contracting parties may file a request for change in, or revocation of, the
registered licence.
(8) The provisions of paragraphs 1 to 7 shall apply mutatis mutandis to the licence for
application.
Section 18a
Joint proprietorship of a trade mark
(1) If more persons hold rights to an identical trade mark (“joint proprietors”), the relationships
among them shall be governed by other laws19).
(2) Unless agreed otherwise among the joint proprietors, the entitlement to use the trade mark
shall be vested in each of them.
(3) For the licence agreement pursuant to Section 18 to be validly concluded, the consent of all
joint proprietors shall be required, unless agreed otherwise. Each of the joint proprietors shall be
entitled to invoke claims associated with the infringement of trademark rights independent of
one another.
(4) The consent of all joint proprietors shall be required to transfer the trade mark. The joint
proprietors shall be entitled to transfer their share without the consent of others only to another
joint proprietor. They can transfer their share to a third party only if none of the other joint
proprietors accepts the written offer of transfer within 1 month.
(5) The provisions of paragraphs 1 to 4 shall apply mutatis mutandis to the application
submitted by more applicants.
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CHAPTER V
APPLICATION
Section 19
Application
(1) An application for a trade mark registration shall be filed at the Office. Each application may
concern only one trade mark.
(2) The application shall contain:
a) information identifying the applicant;
b) a list of the goods or services in respect of which the registration is requested; and
c) wording, graphical or other representation of the sign applied for, meeting the
requirements in Section 1a b)
(3) If an applicant is represented, the application shall contain information identifying the
representative and the representation document shall be attached to it.
(4) If the applicant claims the right of priority pursuant to Section 20, he shall specify in the
application the date of the application from which he infers the right of priority, as well as the
country in which that application was filed. If the applicant claims the right of priority based on
several applications, he shall specify in relation to each product or service the application he
infers the right of priority from.
(5) In the application, the applicant shall specify the type of the trade mark covered by the
application for registration. The particular types of trade marks, including the representation
requirements, are referred to in Annex No. 1 to this Act.
(6) The Office shall publish on its website the technical requirements for representation of the
sign to be registered in electronic form. If the sign applied for is not represented in electronic
form, the applicant shall submit the A8 to A4 size graphical representation capable of
reproducing the trade mark clearly in all details and with all features or colours.
(7) Where the orientation of the sign to be registered is not obvious, it shall be indicated by
adding the word “top” to each reproduction. If the sign applied for contains characters other than
Latin, the applicant shall transliterate these characters into the Latin script.
(8) The filing of a sample or a specimen shall not constitute a proper representation of a sign
applied for.
Section 19a
(1) The goods and services in respect of which trade mark application is filed shall be classified
in conformity with the system of International Classification of Goods and Services9). The Office
has the international classification of goods and services published on its website for trademark
registration purposes.
(2) The goods and services for which protection is sought shall be identified by the applicant
with sufficient clarity and precision to enable the competent authorities and economic operators,
on that sole basis, to determine the extent of the protection sought.
(3) For the purposes of paragraph 2, the general indications included in the class headings of the
international classification or other general terms may be used, provided that they comply with
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the requisite standards of clarity and precision.
(4) The general terms, including the general indications of the class headings of the international
classification, shall be interpreted as including all the goods or services clearly covered by the
literal meaning of the indication or term. The use of such terms or indications shall not be
interpreted as comprising a claim to goods or services which cannot be so understood.
(5) Where the applicant requests registration for more than one class, the applicant shall group
the goods and services according to the classes of the international classification, each group
being preceded by the number of the class to which that group of goods or services belongs, and
shall present them in the order of the classes.
(6) Goods and services shall not be regarded as being similar to each other on the ground that
they appear in the same class under the international classification. Goods and services shall not
be regarded as being dissimilar from each other on the ground that they appear in different
classes under the international classification.
Section 20
Date of filing of the application
(1) The Office shall record the date of filing of an application. With the date of filing the
application, the applicant acquires the right of priority against any third person who later files an
application for an identical or similar trade mark for identical or similar goods or services.
(2) The applicant has to invoke the right of priority ensuing from the Paris Convention3) in the
application and has to prove it within 3 months after the filing of the application, otherwise the
Office shall not grant the right of priority. The right of priority may be invoked in an
application filed in any Convention country of the Paris Convention3) or in a member country
of the World Trade Organization17); if the country of the first application is neither a
Convention country of the Paris Convention3) nor a member country of the World Trade
Organization17), the right of priority based on this application can be granted under the
condition of mutuality. The time period for proving the right of priority cannot be extended
and the non-observance of this time limit cannot be restituted.
(3) Upon request of the applicant, the Office shall issue a certificate about the granted right of
priority (priority certificate).
CHAPTER VI
APPLICATION PROCEDURE
Section 21
Formal examination
(1) The Office shall examine whether the application complies with the requirements referred
to in Sections 19 and 19a.
(2) If the application does not satisfy the requirements referred to in Section 19 (2), the Office
shall request the applicant to remedy the deficiencies within the set time limit, which has to be
at least 2 months long. If the applicant complies with the Office’s request, the Office shall
accord as the date of filing of the application the date on which the deficiencies are remedied.
(3) If the application does not satisfy the requirements referred to in Section 19 (1), (3), (5), (6)
or (7) or in Section 19a (1), (2) or (5), the Office shall request the applicant to remedy the
deficiencies within the set time limit, which has to be at least 2 months long.
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(4) If the deficiencies referred to in paragraphs 2 and 3 are not remedied, the Office shall reject
the application.
(5) If the deficiencies referred to in Section 19a (1), (2) or (5) are not remedied in respect of
only some of the goods or services, the Office shall reject the application only in so far as those
goods or services are concerned.
Section 22
Substantive examination
(1) Where, under Section 4, the sign applied for is ineligible for registration, the Office shall
refuse the application. Where the sign applied for is ineligible for registration in respect of only
some goods or services, the Office shall refuse the application only in so far as those goods or
services are concerned. The Office shall publish information on the refusal of the application in
the Official Journal.
(2) The application shall not be refused before the applicant has been allowed the opportunity to
submit his observations to the grounds, for which the Office intends to refuse the application.
Section 23
Publication of the application
If the conditions as laid down in this Act have been fulfilled, the Office shall publish the
application in the Official Journal.
Observations by third parties
and opposition
Section 24
Observations
(1) Any person may, by the end of the time limit for filing an opposition pursuant to Section
25, submit to the Office observations based on the grounds pursuant to Section 4; the Office
shall take into account the observations in the course of the registration procedure. A person who has
made the observations shall not be a party to the proceedings before the Office.
(2) The applicant shall be informed about the observations and the outcome of their
assessment and may comment on them within the time limit set by the Office. The Office
shall inform the person who has made the observations about the outcome of their assessment.
(3) The observations referred to in paragraph 1 shall not be based on the grounds pursuant to
Section
(4) If the observations are submitted in paper form, they shall be submitted, including the
evidence, in two copies.
Section 25
Opposition
(1) The persons referred to in Section 7 may file an opposition within a period of 3 months
following the publication of the application; notice of opposition to registration of the trade
mark may be based on the grounds referred to in Section 7. The time limit for filing the
opposition shall not be extended or restituted.
(2) The notice of opposition has to contain reasons and has to be supported by evidence
13
enabling its examination. The Office shall not consider any amendments to the opposition or
any evidence submitted in support of the opposition made after the expiry of the time-limit
pursuant to paragraph 1.
(3) The notice of opposition may be filed on the basis of one or more earlier rights provided
that all of them belong to the same opponent.
(4) The opposition may be based on a part or all of the goods or services in respect of which
an earlier right is protected or in respect of which is applied for and may relate to a part or all
of the goods or services in respect of which an application is filed.
(5) The opposition shall contain:
a) an indication of the goods or services to which the opposition relates or indication that
the opposition relates to all of the goods or services stated in the application;
b) identification of the opponent’s earlier rights on which the opposition is based; and
c) an indication of the goods or services on which the opposition is based or indication
that the opposition is based on all of the goods or services protected by the opponent’s
earlier rights.
(6) If the notice of opposition is submitted in paper form, it shall be submitted, including the
evidence, in two copies.
Section 26
Opposition proceedings
(1) The Office shall refuse the opposition if it is not filed within the statutory time limit by the
person referred to in Section 7, no reasons, or no evidence is submitted.
(2) Unless the Office refuses the opposition pursuant to paragraph 1, it shall communicate the
content of the opposition notice to the applicant and shall set a time limit for the applicant
to file observations to the opposition. If the applicant submits no observations to the
opposition within the set time limit, the Office shall base its ruling on the opposition on the
contents of the file.
(3) If the Office finds that the sign applied for does not infringe the opponent’s legally
protected earlier rights referred to in Section 7, it shall refuse the opposition.
(4) If the Office finds that the sign applied for infringes the opponent’s legally protected
earlier rights referred to in Section 7, it shall refuse the application. If there is a reason for
refusing the application only in respect of certain goods or services, the Office shall refuse
the application only in connection with these goods or services.
(5) The Office shall publish information on the refusal of the application or of the opposition
in the Official Journal.
Section 26a
Special provisions concerning the proof of use of a trade mark in the opposition
proceedings
(1) If the earlier trade mark has been registered at least 5 years preceding to the date of filing or
the date of priority of the application, at the request of applicant the opponent shall furnish
proof that, during the 5 years period preceding the date of filing or the date of priority of the
14
application, an earlier trade mark has been put to genuine use in compliance with Section 13 in
connection with the goods or services in respect of which it is registered and on which the
opposition is based, or that there are proper reasons for non-use,
(2) The applicant may file the request pursuant to paragraph 1 to the Office at the latest within
2 months from the delivery of the opposition notice to file observations. The time limit for filing
the request for proof of use of an earlier trade mark shall not be extended or restituted.
(3) The request for proof of use of an earlier trade mark shall contain:
a) registration number of the opponent’s earlier trade mark;
b) an indication of the goods or services in respect of which the proof of use of the
trade mark is requested, or indication that the proof of use is requested in respect of
all of the goods or services on which the opposition is based; and
c) justification of the admissibility of the request containing an indication that the
request concerns earlier trade mark or earlier trade marks pursuant to paragraph 1.
(4) The request shall be submitted through a separate filing and has to be unconditional and
clear.
(5) If the request is submitted in paper form, it shall be submitted in two copies.
(6) If the request for proof of use of a trade mark does not comply with the required elements
or is filed after the expiry of the time limit pursuant in paragraph 2, it shall be deemed not to
have been filed and the Office shall indicate this in the decision on the opposition.
(7) Within 4 months from the delivery of the Office’s letter, the opponent shall submit
evidence of genuine use of the earlier trade mark or evidence of the existence of proper reasons
for non-use. This time limit shall not be extended or restituted. If the evidence of genuine use is
submitted in paper form, it shall be submitted in two copies.
(8) If the earlier trade mark has been put to genuine use only in connection with some goods or
services in respect of which it is registered, it shall be considered as registered only in
connection with these goods or services for the purposes of examining the opposition.
(9) If the opponent fails to prove the genuine use of the earlier trade mark pursuant to
paragraph 1 within the statutory time limit or fails to prove the existence of proper reasons for
non-use and the earlier right is the only opposed one, the Office shall refuse the opposition.
Section 26b
Friendly settlement
If the applicant and the opponent request jointly, the Office shall, during the opposition
proceedings, set a time limit of at least 2 months for a friendly settlement.
Section 27
Amendment of the application
(1) Unless otherwise provided, the application shall not be subject to any changes, in particular, the
list of goods and services in respect of which the application has been filed, shall not be
extended.
(2) The application may be amended, upon request of the applicant, only by correcting the
first name, surname, name, corporate name, domicile residency address, or the company
15
residence, or errors of wording or of copying or obvious mistakes, provided that such correction
reflects reality and does not substantially change the sign applied for. Where the amendment
affects the sign applied for or the list of goods or services and is made after the publication of the
application, the application shall be published again as amended.
(3) The applicant may at any time withdraw his application. The Office shall terminate the
proceedings on the application which has been withdrawn.
(4) The applicant may at any time restrict the list of goods or services in the application. The
restriction cannot be withdrawn.
(5) The applicant may divide an application filed for more goods or services. The divisional
applications shall preserve the priority date of the original application, provided they contain
only the goods or services of the original application.
(6) In the request for an amendment of the application, the applicant shall specify the requested
amendment. If the division of application is requested,, the applicant shall specify requested
division, the list of the goods or services subject to the divisional application and shall group the
list of goods or services according to the classes of the international classification9), each group
being preceded by the number of the class to which that group of goods or services belongs,
and the priority date for each of the divisional applications. Where the restriction of the
application is requested, the applicant shall specify the goods or services subject to restriction
and shall group the list of goods or services according to the classes of the international
classification9), each group being preceded by the number of the class to which that group of
goods or services belongs.
(7) The provisions of paragraphs 1, 2, 4 to 6 shall apply to the registered trade mark mutatis
mutandis.
Section 28
Registration
(1) Where an application meets the requirements set out in this Act, the proceedings on the
application have not been terminated, and where no notice of opposition has been filed within the
time limit pursuant to Section 25 paragraph 1 or where the opposition has been refused by a
final decision or the opposition proceedings have been terminated by a final decision, the
Office shall register the trade mark, together with the date of the registration, and shall issue to
the proprietor of the trade mark a certificate of registration.
(2) The Office shall publish the registration of the trade mark in the Official Journal.
(3) The registration of the trade mark shall take effect from the date of registration.
CHAPTER VII
DURATION AND RENEWAL OF THE TRADE MARK REGISTRATION
Section 29
Duration and renewal
(1) Trade marks shall be registered for a period of 10 years from the date of filing of the
16
application. If the proprietor of a trade mark does not apply for renewal of the registration, the
trade mark shall expire. The Office shall inform the proprietor of the trade mark of the expiry of
the registration at least 6 months before the said expiry. Failure to give such information shall
not involve the responsibility of the state for damages caused in the exercise of state authority
pursuant to other laws20) and shall not affect the expiry of the registration.
(2) Registration of the trade mark shall be renewed at the request of the proprietor of a trade
mark, for further period of 10 years. The request for renewal shall be submitted in the twelve-
month period prior to the expiry of the registration, at the latest on the date of expiry. The time
limit for submitting the request for renewal of the registration shall not be extended or
restituted.
(3) The request for renewal of the registration may be filed at the latest within a further period
of 6 month following the expiry of the registration.
(4) If the request is not submitted within the time limits referred to in paragraph 2 or 3, it shall
be deemed not to have been filed.
(5) If the request for renewal of the registration is submitted in respect of only some of the
goods or services for which the trade mark is registered, the registration shall be renewed for
those goods or services only.
(6) If the registration of a trade mark is to be renewed in respect of only some of the goods or
services, the proprietor shall indicate those goods or services for which renewal is requested, or
those goods and services for which renewal is not requested.
(7) Renewal shall take effect from the date on which the existing registration expires. The
Office shall register the renewal and shall publish it in the Official Journal.
Section 29a
Special provisions concerning renewal
(1) The proprietor of a trade mark finally revoked or declared invalid by the Office, which is
subject to a court review of the decision pursuant to another law12), may submit a request for
renewal of the trade mark within the time limits specified in Section 29 (2) or Section 29 (3) as
if the trade mark was registered.
(2) If the sign applied for has not been registered within 10 years from the date of filing of the
application, the applicant may submit a request for renewal as if the trade mark was registered
in the last year of such period. The applicant may submit the request within the time limits
specified in Section 29 (2) or Section 29 (3).
CHAPTER VIII
SURRENDER, REVOCATION AND INVALIDITY
Section 30
Surrender of trade mark rights
(1) The proprietor may surrender his trade mark rights by means of a declaration in respect of
some or all of the goods or services for which the trade mark is registered; the surrender shall
take effect with the date of delivery of the trade mark proprietor’s declaration to the Office
17
and cannot be withdrawn. The Office shall enter the surrender of the trade mark rights in the
Register and shall publish it in the Official Journal.
Section 31
Revocation
(1) The Office shall revoke the trade mark in the proceedings initiated upon application filed by
third party if:
a) within a continuous period of 5 years prior to the application for revocation, the trade mark
has not been put to genuine use in connection with the goods or services in respect of which
it is registered, and there are no proper reasons for non-use; the use which commenced or
which was resumed following 5 years of non-use of the trade mark within 3 months preceding
the filing of the application for revocation shall be disregarded where the preparations for the
commencement or the resumption of the use occurred only after the proprietor becomes aware
that the application for revocation may be filed;
b) in consequence of acts or inactivity of the proprietor, the trade mark has become the
common name in the trade for a product or service in respect of which it is registered;
c) in consequence of the use made of the trade mark by the proprietor of the trade mark or
with his consent in respect of the goods or services for which it is registered, the trade mark is
liable to mislead the public, particularly as to the nature, quality or geographical origin of those
goods or services.
(2) In a proceeding initiated upon application filed within 6 months following the date on
which the court decision declaring the use of a trade mark to be unfair competition becomes
final, the Office shall revoke the trade mark. The time limit for filing the application for
revocation of the trade mark shall not be extended or restituted.
(3) The application for revocation of a trade mark has to contain reasons and, in the case of the
application pursuant to paragraph 1 b) or c) or paragraph 2, shall be supported by evidence
enabling its examination.
(4) The application for revocation of a trade mark may relate to a part or all of the goods or
services for which the trade mark is registered.
(5) The application for revocation of a trade mark shall identify the goods or services to which it
relates or information that it relates to all goods or services.
(6) If the application for revocation of a trade mark is submitted in paper form, it shall be
submitted, including the evidence, in two copies.
Section 31a
Proceedings on the application for revocation of a trade mark
(1) The Office shall communicate the application for revocation of the trade mark to the
proprietor of a trade mark and shall set a time limit for the proprietor to file observations to the
application and, in the case of the application pursuant to Section 31 (1) a), to submit proof of
genuine use. The Office shall decide on the application even if the proprietor submits no
observations to the application within the set time limit.
(2) If the evidence of genuine use of a trade mark is submitted in paper form, it shall be
submitted in two copies.
18
(3) If the Office finds that the application for revocation of a trade mark is unjustified, it shall
refuse it.
(4) If the Office finds that there is a reason for revocation pursuant to Section 31, it shall
revoke the trade mark. If the reason for revocation relates only to some of the goods or services
for which the trade mark is registered, the Office shall revoke the trade mark within the scope of
these goods or services.
(5) To the extent to which the proprietor’s rights are revoked, the registered trade mark shall be
considered as mark which, from the date of filing of the application for revocation, does not
have the effects stipulated in this Act. Upon request of the party to the proceedings, the Office
may state another earlier date of occurrence of the reason for revocation in the decision on the
application for revocation of the trade mark.
Section 32
Invalidity
(1) The Office shall declare the trade mark invalid in the proceedings initiated upon
application filed by third party, where the trade mark has been registered contrary to the
provisions of Section 4 or where the trade mark application was not filed in good faith.
(2) Where the trade mark has been registered contrary to the provisions of Section 4 letter b)
or c) or d), it shall not be declared invalid if, in consequence of the use which has been made of
it, it has, prior to the initiation of the proceedings, acquired a distinctive character in relation
to the goods or services for which it is registered.
(3) The Office shall declare a trade mark invalid in the proceedings initiated upon application of
the person mentioned in Section 7 and for the reasons mentioned in that provision.
(4) The conditions for claiming the earlier rights referred to in Section 7 shall be fulfilled
already on the date of filing of the trade mark application or on the date of the right of priority
of the later trade mark.
(5) Where the trade mark is declared invalid, it shall be considered as never registered.
(6) A trade mark may be declared invalid even after its proprietor surrendered the trade mark or
after the trade mark has lapsed or has been revoked.
(7) Where the ground for invalidity exists only in respect of some of the goods or services for
which the trade mark is registered, the trade mark shall be declared invalid as regards those
goods or services only.
Proceedings on the application for a declaration of invalidity of a trade mark
Section 32a
(1) An application for a declaration of invalidity of a trade mark has to contain reasons and has
to be supported by evidence enabling its examination.
(2) The application for a declaration of invalidity of a trade mark pursuant to Section 32 (3)
may be filed on the basis of one or more earlier rights provided that all of them belong to the
same applicant.
19
(3) The application for a declaration of invalidity of a trade mark may relate to a part or all of
the goods or services for which the trade mark is registered.
(4) The Office shall communicate the application for a declaration of invalidity to the
proprietor of the trade mark and shall set a time limit for the proprietor to file observations to
the application. The Office shall decide on the application even if the proprietor submits no
observations to the application.
(5) The application for a declaration of invalidity of a trade mark shall contain:
a) an indication of the goods or services to which the application for a declaration of
invalidity of a trade mark relates or indication that the application relates to all of the
goods or services;
b) an identification of the applicant’s earlier rights on which the application is based, if
the application is filed pursuant to Section 32 (3) of this Act; and
c) an indication of the goods or services on which the application is based or indication
that the application is based on all of the goods or services protected by the applicant’s
earlier rights
(6) If the application for a declaration of invalidity of a trade mark is submitted in paper form,
it shall be submitted, including the evidence, in two copies.
Section 32b
(1) The Office shall refuse the application for a declaration of invalidity of a trade mark if:
a) the trade mark is not excluded from registration for the reasons referred to in Section 4
or the conditions of Section 32 (2) are met;
b) the application for registration was filed in good faith; or
c) the registration of the trade mark did not infringe the third parties’ legally protected
earlier rights referred to in Section 7.
(2) The Office shall refuse the application if the applicant fails to prove the genuine use of an
earlier trade mark pursuant to Section 32c or fails to prove the existence of proper reasons for
non-use and the earlier right is the only opposed one; otherwise, the Office shall disregard such
trade mark in the examination of the application.
(3) An application for a declaration of invalidity of a trade mark on the basis of a conflict of the
trade mark with an earlier trade mark shall not succeed if it would not have been successful at
the filing date or the priority date of the later trade mark for any of the following reasons:
a) the earlier trade mark liable to be declared invalid pursuant to Section 4 b), c) or d) had not
yet acquired a distinctive character as referred to in Section 5;
b) the application for a declaration of invalidity of a trade mark is based on the reason referred
to in Section 7 (1) b) and the earlier trade mark had not yet become sufficiently distinctive to
support a finding of likelihood of confusion; or
c) the application for a declaration of invalidity of a trade mark is based on the reason referred
to in Section 7 (1) c) and the earlier trade mark had not yet acquired a reputation.
(4) Where the seniority is claimed for a European Union trade mark on the basis of a trade
mark which the proprietor has surrendered or has allowed it to lapse, the trade mark being the
basis for claiming the seniority may be declared invalid or the rights of the proprietor of such
trade mark may be revoked subsequently provided that the trade mark would have been liable to
be declared invalid or revoked at the time when the proprietor surrendered it or allowed it to
lapse, in which case the seniority shall cease to have effect.
20
Section 32c
Special provisions concerning the proof of use of a trade mark in the proceedings for a
declaration of invalidity of a trade mark
(1) If, on the date of filing of the application for declaration of invalidity pursuant to Section 32
(3), an earlier trade mark has been registered for at least 5 years, the applicant shall furnish
proof, upon request of the proprietor of the later trade mark, that, during the 5 years period
preceding the date of filing of application for a declaration of invalidity, the earlier trade mark
has been put to genuine use in compliance with Section 13 in connection with the goods or
services for which it is registered and on which the application for declaration of invalidity is
based, or that there are proper reasons for non-use. If, on the date of filing of the application for
registration of a later trade mark or on the date of the right of priority of a later trade mark, the
earlier trade mark has been registered for at least 5 years, the applicant shall furnish proof that
the conditions in Section 13 are fulfilled on that date.
(2) The proprietor of a later trade mark may file the request pursuant to paragraph 1 to the
Office at the latest within 2 months from the delivery of the Office communication to the
proprietor of the later trade mark for filing observations to the application for a declaration of
invalidity. The time limit for filing the request for proof of use of an earlier trade mark shall not
be extended or restituted.
(3) If the request for proof of use of a trade mark does not comply with the required elements
or is filed after the expiry of the time limit pursuant to paragraph 2, it shall be deemed not to
have been filed and the Office shall indicate this fact in the decision on the application for a
declaration of invalidity of the trade mark.
(4) The request for proof of use of an earlier trade mark shall contain:
a) registration number of the applicant’s earlier trade mark;
b) an indication of the goods or services in respect of which the proof of use of a trade mark is
requested, or indication that the proof of use is requested in respect of all goods or services
on which the application for a declaration of invalidity of the trade mark is based; and
c) justification of the admissibility of the request, containing an indication that the request
concerns earlier trade mark or earlier trade marks pursuant to paragraph 1.
(5) The request shall be submitted through a separate filing and has to be unconditional and
clear. If the request is submitted in paper form, it shall be submitted in two copies.
(6) Within 4 months from the delivery of the Office’s letter, the applicant shall submit
evidence of genuine use of the earlier trade mark or evidence of the existence of proper reasons
for non-use. If the evidence of genuine use is submitted in paper form, it shall be submitted in
two copies.
(7) If the earlier trade mark has been put to genuine use only in connection with some of the
goods or services in respect of which it is registered, it shall be considered as registered only for
these goods or services for the purposes of the examination of the application for a declaration
of invalidity of the trade mark.
Section 33
Special provisions on the effects of revocation and invalidity
(1) The effects of the revocation or invalidity of a trade mark shall not affect:
21
a) decisions in the matter of infringement of trade mark rights which became effective and
which were enforced before the effective date of the decision on the revocation or invalidity of
a trade mark,
b) agreements concluded before the effective date of the decision on the revocation or invalidity of
a trade mark in the extent of the fulfilment provided on their basis before the effective date of such
a decision (on revocation or invalidity); it is however possible to claim the surrender of the
fulfilment already provided on the basis of the agreement.
(2) The provision of paragraph 1 shall not affect the liability of the proprietor of the trade mark
for damages or unjustified enrichment.
Section 34
(deleted)
CHAPTER IX
SPECIAL PROVISIONS CONCERNING COLLECTIVE AND
CERTIFICATION TRADE MARKS
Section 35
Collective trade mark
(1) A collective trade mark shall be a trade mark which is described as such when the trade
mark is applied for and is capable of distinguishing the goods and services of the members or
shareholders of a legal person from those of other persons.
(2) An application for registration of a collective trade mark may be filed by a legal person, in
particular, an association of manufacturers, producers, suppliers of services, and traders which,
under the terms of the law organizing them, have legal capacity and personality, as well as by
legal persons governed by public law.
(3) Chapters I to VIII and X and XI shall apply to collective trade marks to the extent that the
Chapter IX does not provide otherwise.
Section 36
Requirements of the application for a collective trade mark
(1) In addition to the requirements mentioned in Section 19, the application for a collective
trade mark shall contain information identifying the applicant’s members or shareholders authorized
to use the collective trade mark.
(2) The application for a collective trade mark shall be accompanied by an agreement
governing use of the collective trade mark, specifying at least the persons authorized to use the
collective trade mark, the conditions of membership in a legal person, and the conditions of use
of the collective trade mark, including sanctions.
Section 37
Examination of application for a collective trade
mark
(1) The Office shall examine the application for a collective trade mark within the scope of
22
Sections 21 and 22; the condition referred to in Section 4 b) shall be examined with respect to
Section 35 paragraph 1.
(2) In addition to the grounds for refusal of an application pursuant to Section 4, the Office
shall refuse the application for collective trade mark where:
a) the application does not satisfy the requirements of Section 35 or 36;
b) the agreement governing use is contrary to public policy or to accepted principles of
morality; or
c) the public is liable to be misled as regards the character or the significance of the trade mark,
in particular, if it is likely to be taken to be something other than a collective trade mark.
(3) Observations regarding the application for a collective trade mark may be based, in addition
to the grounds pursuant to Section 24, on the grounds in paragraph 2 b) or c) or Section 36 (2).
(4) An application shall not be refused if the applicant, as a result of amendment of the
agreement governing use, meets the requirements of paragraph 2.
(5) Where the application for a collective trade mark meets the requirements set out in this Act,
the Office shall register the collective trade mark and the applicant shall become the proprietor
of the collective trade mark.
Section 38
Rights conferred by a collective trade mark
(1) The members or the shareholders of the proprietor of a collective trade mark entered in the
Register shall have the exclusive right to use the collective trade mark in relation to the goods or
services covered by the collective trade mark.
(2) The proprietor of the collective trade mark shall have the rights pursuant to Chapter II to the
extent that this Chapter does not provide otherwise.
(3) The members or the shareholders of the proprietor of a collective trade mark shall have the
rights pursuant to paragraph 1 in accordance with the conditions laid down in the agreement
governing use.
(4) The proprietor of a collective trade mark shall be entitled to claim compensation on behalf
of the members or shareholders who have authority to use the trade mark pursuant to paragraph
1 where they have sustained damage in consequence of unauthorized use of the trade mark.
(5) For the purpose of claiming compensation, the proprietor’s member or shareholder specified
in paragraph 1 may be entitled to intervene in infringement proceedings concerning the
collective trade mark.
Section 38a
Amendments to the agreement governing use
(1) Upon request of the proprietor of a collective trade mark, the Office shall register an
amendment to the composition of the proprietor’s members or shareholders.
(2) The proprietor of a collective trade mark shall submit to the Office any amendment of the
agreement governing use.
(3) Amendments to the agreement governing use shall be mentioned in the register if the
23
amended agreement satisfies the requirements of Section 36 (2) and does not involve any of the
grounds for refusal referred to in Section 37 (2) b) or c).
(4) Amendments to the agreement governing use shall take effect towards third parties from
the date of entry of the mention of those amendments in the Register.
Section 39
Limits on rights conferred by a collective trade mark
The collective trade mark cannot be the subject of licence.
Section 40
Revocation of a collective trade mark and declaration of invalidity
(1) In addition to the grounds referred to in Section 31, the Office shall revoke a collective
trade mark if:
a) the proprietor of the collective trade mark does not take reasonable steps to prevent the
trade mark from being used in a manner incompatible with the conditions of use laid
down in the agreement governing use, including any amendments which have been
mentioned in the register;
b) an amendment to the agreement governing use has been mentioned in the Register in
breach of Section 38a, unless the proprietor of the trade mark, by further amending the
agreement governing use, complies with the requirements of this Section; or
c) the manner in which the trade mark has been used by authorized persons has caused it
to become liable to mislead the public in the manner referred to in Section 37 (2) c).
(2) The declaration of invalidity of a collective trade mark shall be subject to Section 32; the
compliance with the condition in Section 4 b) shall be considered with regard to Section 35 (1).
The Office shall declare the collective trade mark registered in breach of Section 37 (2) invalid
on the basis of an application to the Office, unless the proprietor of the trade mark, by further
amending the agreement governing use, complies with the requirements referred to in Section
37 (2).
Section 40a
Certification trade mark
(1) A certification trade mark shall be a trade mark which is described as such when the trade
mark is applied for and is capable of distinguishing the goods or services, certified by the
proprietor of that trade mark for material, mode of manufacture of goods or performance of
services, quality, accuracy or other characteristics, from the goods or services which are not so
certified.
(2) Any natural or legal person competent to certify the products or services for which a
certification trade mark is applied may apply for the certification trade mark provided that such
person does not carry on a business involving the supply of goods or services of the kind
certified.
(3) Chapters I to VIII and X and XI shall apply to certification trade marks to the extent that
the Chapter IX does not provide otherwise.
Section 40b
Requirements and examination of the application for a certification trade mark
(1) the application for a certification trade mark shall be accompanied by regulations governing
24
use. The requirements of the regulations governing use are mentioned in Annex No. 1 to this
Act.
(2) The Office shall examine the application for a certification trade mark within the scope of
Sections 21 and 22; the condition referred to in Section 4b) shall be examined with respect to
Section 40a (1).
(3) In addition to the grounds for refusal of an application pursuant to Section 4, the Office
shall refuse the application for certification trade mark where:
a) the application does not satisfy the requirements of in paragraph 1 or Section 40a;
b) the regulations governing use are contrary to public policy or to accepted principles of
morality; or
c) the public is liable to be misled as regards the character or the significance of the
certification trade mark, in particular, if it is likely to be taken to be something other than a
certification mark;
(4) An application shall not be refused if the applicant, as a result of amendment of the
regulations governing use, meets the requirements of paragraph 3.
(5) Observations regarding the application for a certification trade mark may be based, in
addition to the grounds pursuant to Section 24, on the grounds in paragraph 3.
(6) Where the application for a certification trade mark meets the requirements for the
registration, the Office shall register the certification trade mark and the applicant shall become
the proprietor of the certification trade mark.
(7) The Office shall mention the regulations governing use in the Register.
Section 40c
Amendment of the regulations governing use of a certification trade mark
(1) The proprietor of a certification trademark shall submit to the Office any amended
regulations governing use.
(2) Amendments shall be mentioned in the Register if the amended regulations satisfy the
requirements of Section 40b (1) and do not involve any of the grounds for refusal referred to in
Section 40b (3). Amendments to the regulations governing use shall take effect from the date of
entry of the mention of those amendments in the Register.
Section 40d
Revocation of a certification trade mark and declaration of invalidity
(1) In addition to the grounds referred to in Section 31, the Office shall revoke a certification
trade mark on the basis of an application to the Office, if:
a) the proprietor of the certification trade mark does not meet the conditions specified in
Section 40a (2);
b) the proprietor of the certification trade mark does not take reasonable steps to prevent the
certification trade mark from being used in a manner incompatible with the conditions of
use laid down in the regulations governing use;
c) an amendment to the regulations governing use has been mentioned in the Register in
breach of Section 40b (1) or (3), unless the proprietor of the certification trade mark, by
further amending the regulations governing use, complies with the requirements of this
Section; or
25
d) the manner in which the certification trade mark has been used by the authorized persons
has caused it to become liable to mislead the public in the manner referred to in Section 40b
(3) c).
(2) The declaration of invalidity of a certification trade mark shall be subject to Section 32; the
compliance with Section 4b) shall be considered with regard to Section 40a (1). The Office
shall declare a certification trade mark registered in breach of Section 40b (3) invalid on the
basis of an application to the Office, unless the proprietor of the certification trade mark, by
further amending the regulations governing use, complies with the requirements referred to in
Section 40b (3).
CHAPTER X
GENERAL PROVISIONS
ON THE PROCEDURE BEFORE THE OFFICE
Section 41
Submissions
(1) Any submission, except for an application for registration, shall contain the number of the
application file or the number of registration of the trade mark to which the submission relates.
(2) Pursuant to this Act, a party to the proceedings shall by identified by its identity data.
Natural person is identified by its first name(s), surname, possibly corporate name, domicile or
foreign residency address, nationality, and, possibly, delivery address. Legal person is
identified by its company name, company residence, and, possibly, delivery address. These
parties may also be identified on the basis of other data provided by them and allowing the
Office to use data from the information systems of public administration maintained pursuant to
other laws21).
(3) Any submission to the Office shall be filed in the Czech language. It may be submitted in
paper or electronic form.
Section 42
Appeal
(1) An appeal may be lodged against a decision of the Office within 1 month from delivery of
the decision. The appeal shall have suspensive effect. Time limit for lodging an appeal is not
to be extended and default of time limit is not to be waived.
(2) The statement of grounds of the appeal has to be submitted to the Office within 1 month
after the lodging appeal. Time limit for submitting the statement of grounds is not to be
extended and default of time limit is not to be waived.
Section 43
Waiver of the default
of time
(1) Upon request of the party, who is to prove that the default of time limit set by the statute or
by the Office was through no fault of his own, the default of time limit will be waived by the
Office, unless otherwise provided by this Act.
(2) The request pursuant to par. 1 is to be submitted within 2 months after the impediment
which prevented the party to perform the act ceased to exist, but not later than 12 months after
the day when the relevant act was supposed to be performed. The party is obligated to state the
26
grounds for not performing the omitted act and to complete the omitted act. The time limit for
submitting the request is not to be extended and default of time limit is not to be waived.
Section 44
Register and official journal
(1) The Office keeps a register which contains crucial particulars of trade marks applications
a n d crucial particulars of registered trade marks as d e f i n e d by this Act or set by the
Office.
(2) The Register is a public list open for public inspection and anyone can make copies of, and
extracts from it. Upon request, the Office shall issue an officially certified complete extract or a
partial extract from the Register or a copy of the registration or a certificate of a particular
registration or a certificate that particular information does not exist in the Register. The
certification affirms the conformity of the extract or the copy with the entry in the Register.
(3) Upon receipt, the Office shall without undue delay enter in the Register an amendment of
the particulars of the application for registration or the registered trade mark ensuing from a final
decision of the respective authority. The Office shall correct the errors found in the Register
without undue delay and shall inform the respective party of the corrections made.
(4) The Register is maintained in electronic form and the Office publishes information
contained in the Register on its website.
(5) The note of disputability pursuant to the Civil Code15) may only relate to an entry in the
Register which designates treatment of the trade mark as the subject-matter of ownership.
(6) The Register shall contain the following entries:
a) number of the application file;
b) registration number of a trade mark;
c) date of filing an application;
d) date of the right of priority;
e) date of publication of an application in the Official Journal;
f) date of registration of a trade mark in the Register, from which the 5 years period pursuant to
Section 13 (1) shall commence;
g) wording, graphical or other representation of a trade mark; if the trade mark contains
characters using script other than Latin and the applicant has mentioned these characters in
the application, the transliteration of such script into the Latin script;
h) information on whether a trade mark is comprised exclusively of a single colour or a
combination of colours, including the name or number of the colour according to the
generally recognized colour code;
i) classes of the figurative elements of a trade mark22);
j) information identifying the applicant or the proprietor of a trade mark;
k) type of a trade mark;
l) goods or services for which a trade mark is registered, presented in the order of the
international classification classes9), including the relevant class number;
m)limitation of scope of protection;
n) transfers or assignments of a trade mark or application, including information identifying the
transferee;
o) other rights to a trade mark or application and information identifying the beneficiary;
p) licenses for a trade mark or application and information identifying the licensee;
q) dates of renewals of a trade mark;
r) information identifying the members or the shareholders of a legal entity authorized to use a
27
collective trade mark;
s) specification of persons authorized to use a certification trade mark, and regulations
governing use of a certification trade mark and their amendments;
t) information identifying a representative of an applicant or a proprietor of a trade mark;
u) revocation of a trade mark, declaration of invalidity of a trade mark, or another form of trade
mark termination, including the surrender of trademark rights;
v) other crucial details set by the Office
(7) The Office issues the Official Journal in which it publishes particularly trade mark
applications or registered trade marks and any further information concerning the trade marks,
or notices and general information issued by the Office, as well as official communication and
important decisions.
Section 45
(1) Unless otherwise provided in this Act, the Administrative Procedure Code shall be
applicable to the proceedings on trade marks, except for the provisions pertaining to the
certification of powers of attorney granted for an indefinite number of proceedings11), the
certification of official stamps and signatures in public documents issued by foreign state
bodies11a), the suspension of proceedings11b), the time limits for decision making11c), the
protection against inactivity11d), and, furthermore, the provisions on the particularities of the
appellate proceedings, the provisions on composition of the Appellate Committee and on
possible termination of the appellate proceedings11e) and the provisions on prohibition of a
change of the contested decision on the grounds of loss of the option to file an appeal11f).
(2) In proceedings initiated on the basis of an application, the Office shall make decisions in
the extent of the parties’ submissions and based on the proof submitted by the parties.
(3) Legal action under other laws12) may be brought against a final decision of the Office.
Section 45a
Use of data in information systems of public administration
(1) In exercising the competence pursuant to this Act, the Office shall use the following data
from the basic population register:
a) surname;
b) name(s);
c) address;
d) date, place and district of birth; date, place and country of birth in a data subject born
abroad;
e) date, place and district of death; date of death and place and country where the death
occurred in the event of a data subject’s death outside the Czech Republic; where a
court decision declaring a person dead is handed down, date stated in the decision as the
date of death, or, possibly, as the date which the data subject declared dead has not
survived, and date of legal force of that decision;
f) nationality/nationalities
(2) In exercising the competence pursuant to this Act, the Office shall use the following
data from the information system of the population register:
a) name(s), surname, and maiden name;
b) permanent address or, possibly, address to which written documents pursuant to another
law shall be delivered;
c) date of birth;
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d) place and district of birth; place and country of birth in a foreign national;
e) date, place and district of death; in the event of death outside the Czech Republic, date
of death and place and country where the death occurred;
f) date stated in the court decision on the declaration of death as date of death, or,
possibly, as date which a national declared dead has not survived, and date of legal
force of that decision;
g) nationality/nationalities
(3) In exercising the competence pursuant to this Act, the Office shall use the following
data from the information system of foreign nationals:
a) name(s), surname, and maiden name;
b) type and address of residence in the Czech Republic or, possibly, address to which
written documents pursuant to another law shall be delivered;
c) date of birth;
d) place and country of a foreign national’s birth; place and district of birth if the foreign
national was born in the Czech Republic;
e) nationality/nationalities;
f) date, place and district of death; in the event of death outside the Czech Republic, state
where the death occurred and, possibly, date of death;
g) date stated in the court decision on the declaration of death as date of death, or,
possibly, date which a foreign national declared dead has not survived, and date of legal
force of that decision
(4) From the data pursuant to paragraphs 1 to 3, only such data may always be used in a
particular case which is necessary to fulfil a given task. Data recorded as referential data in
the basic population register shall be used from the information system of the population
register or the information system of foreign nationals only if it is in form preceding the
current state of affairs.
CHAPTER XI
INTERNATIONAL MATTERS
Section 46
(1) Persons who have a real commercial or industrial establishment, permanent residency or
seat in a state which is party to the Paris Convention3) or a state which is member of the World
Trade Organization17), or persons who are nationals of that state have the same rights as
persons who are Czech nationals or who have their real commercial or industrial establishment,
permanent residency or seat in the Czech Republic; where the person is a national of a state
which is not a Convention country of the Paris Convention3) or a member of the World Trade
Organization17) or where the person has a real commercial or industrial establishment,
permanent residency or seat in such a state, the rights pursuant to this Act may be granted only
on condition of reciprocity.
(2) A person who does not have a real commercial or industrial establishment, permanent
residency or seat in the territory of the Czech Republic shall be represented in proceedings on
trade marks pursuant to other laws13).
(3) The provision of paragraph 2 shall not apply to natural persons who are nationals of a
member state of the European Union or of a state party to the Agreement on the European
Economic Area and who are domiciled in the territory of the Czech Republic or render services
in the territory of the Czech Republic, or to legal persons who have their headquarters or seat of
their business activities in the territory of a member state of the European Union or of a state
29
party to the Agreement on the European Economic Area, and who are domiciled in the territory
of the Czech Republic or render services in the territory of the Czech Republic. These persons
shall appoint an address for service in the Czech Republic for proceedings before the Office, to
which official documents concerning applications for registration or registered trade marks
will be delivered.
Application for the international
registration
Section 47
(1) Persons who have their real commercial or industrial establishment, permanent residency
or seat in the Czech Republic or who are Czech nationals may file an application for
international registration of a trade mark pursuant to the Madrid Agreement or the Protocol
Relating to the Madrid Agreement or file an application for registration of changes concerning
the international registration through the intermediary of the Office.
(2) The applicant for registration of a trade mark with application for international registration
shall pay the fees pursuant to the Madrid Agreement or the Protocol Relating to the Madrid
Agreement for acts done pursuant to paragraph 1; the Office shall publish the amount of the
fees as prescribed by the international agreement in the Official Journal.
Section 48
(1) An international registration of a trade mark designating the Czech Republic shall have the
same effect as an application for registration of a national trade mark.
(2) The time limit for filing opposition against the international registration of a trade mark
designating the Czech Republic shall begin on the first day of the month following the month in
which the trade mark was published in the WIPO Gazette of International Trade Marks14).
(3) The international registration of a trade mark which is granted protection in the Czech
Republic shall have the same effect as the registration of a national trade mark.
Section 48a
Requirements of an application for the international registration of a trade mark
(1) If a trade mark is registered in the Register, the application for international registration of
a trade mark shall contain:
a) registration number of the trade mark;
b) wording or graphical representation of the trade mark identical to those mentioned in the
Register; if the trade mark is applied for in characters other than Latin or contains numerals
other than Arabic or Roman, it shall be transliterated into the Latin script, which shall follow
the phonetics of the French or English language, and a transliteration into Arabic numerals;
c) information identifying the applicant, which shall be identical to the information identifying
the proprietor in the Register, or, possibly, information identifying a representative;
d) list of goods or services, which shall not be broader than the list of goods or services for
which the trade mark is registered, with a precise translation into French or English, grouped
according to the classes of the international classification9), each group being preceded by the
number of the class;
e) a list of contracting parties to the Madrid Agreement or the Protocol Relating to the Madrid
Agreement in which protection is sought;
30
f) method of payment of the fees for international registration pursuant to the Madrid
Agreement or the Protocol Relating to the Madrid Agreement, information identifying the
payer, and, possibly, number of the acknowledgement of receipt of payment issued by the
International Bureau of the World Intellectual Property Organization14);
g) a list of colours in French or English if the trade mark is in colour; information of whether
the trade mark consists only of a colour or a combination of colours (if applicable);
h) other requirements pursuant to the Madrid Agreement or the Protocol Relating to the Madrid
Agreement
(2) If a trade mark is not yet registered, the application for international registration of a trade
mark shall contain information on the application, the date of filing of the application with the
Office, and the information pursuant to paragraph 1 b) to h).
(3) The applicant shall accompany the application for international registration of a trade mark
in paper form with the graphical representation of the trade mark of at least 15 x 15 mm and at
the most 80 x 80 mm, capable of clearly reproducing the trade mark with regard to all details
with all features and, possibly, colours. The Office shall publish the technical requirements for
the graphical representation of a trade mark in electronic form on its website. The sign applied
for, including colours, shall be identical to the sign in the application or to the registered trade
mark.
Section 48b
Requirements of a request for recording of changes in the international registration in
the international register of trade marks
The request shall contain:
a) number of the international registration of a trade mark;
b) file number of the international registration of a trade mark, if assigned;
c) information identifying the proprietor of an international trade mark;
d) information of the requested change;
e) method of payment of the fees for the change requested pursuant to the Madrid Agreement
or the Protocol Relating to the Madrid Agreement, information identifying the payer, and,
possibly, number of the acknowledgement of receipt of payment issued by the
International Bureau;
f) other requirements pursuant to the Madrid Agreement or the Protocol Relating to the
Madrid Agreement.
Section 49
(deleted)
CHAPTER XII
TRADE MARK PURSUANT TO THE LAW OF THE EUROPEAN UNION ON THE
EUROPEAN UNION TRADE MARK
Section 50
Conversion into the national trade mark application
(1) The Office shall examine the request for the national proceeding on conversion of the
European Union trade mark application or European Union trade mark to the application for a
national trade mark pursuant to Article 139 of the European Parliament and Council
31
Regulation, if the applicant, within 2 months following the delivery of the Office
communication:
a) pays the administrative fee;
b) submits a translation of the request and its attachments into the Czech language;
c) indicates an address for service in the Czech Republic;
d) submits the wording, the graphical or other representation of the trade mark.
(2) The Office shall register, without any further requirements, the trade mark resulting from
the conversion of an already registered European Union trade mark with the date of priority
which was accorded to the European Union trade mark; the Office shall publish information on
the registration in the Official Journal.
Section 51
(1) The proprietor of the national trade mark the application of which was filed in good faith
prior to, or which has a right of priority dated before, the accession to the European Union, shall
have the right to prohibit the use of the European Union trade mark the effects of which have
been extended to the territory of the Czech Republic based on the accession of the Czech
Republic to the European Union, if
a) the European Union trade mark is identical to the national trade mark and the goods or
services for which both trade marks are registered are identical; or
b) because of the national trade mark identity with, or similarity to the European Union trade
mark and the identity or similarity of the goods or services covered by the trade marks, there
exists a likelihood of confusion on the part of the public, including the likelihood of
association with the national trade mark; or
c) the European Union trade mark is identical with, or similar to the national trade mark irrespective
of whether the European Union trade mark is registered for identical, similar or not similar goods
or services for which the national trade mark is registered or protected, if the national trade mark
has a reputation in the Czech Republic and the use of the European Union trade mark without due
cause would take unfair advantage of, or be detrimental to, the distinctive character or the repute
of the national trade mark.
(2) The proprietor of the national trade mark mentioned in paragraph 1 may claim compensation
where damage has been sustained as a result of the use of the European Union trade mark in the
territory of the Czech Republic within the scope as provided by Act No. 221/2006 Coll., on
enforcement of industrial property rights and on the amendment to industrial property
protection Acts (Industrial Property Rights Enforcement Act).
CHAPTER XIII
OFFENCES
Section 51a
(1) A natural person, natural person-entrepreneur or legal entity shall be considered as having
committed an offence if he uses a trade mark without authorization
(2) A sanction of up to CZK 250,000 or prohibition of activity may be imposed for the offence
pursuant to paragraph 1.
(3) The publication of the decision of offence may also be imposed for the offence pursuant to
paragraph 1 if committed by a legal entity or a natural person-entrepreneur.
32
(4) The offence pursuant to paragraph 1 shall be heard by the municipal authority with extended
competences.
(5) The offence pursuant to paragraph 1 cannot be dealt with through an on-site order.
CHAPTER XIV
TRANSITIONAL AND EMPOWERING PROVISIONS, REPEALS
Section 52
Transitional provisions
(1) Trade marks registered under earlier laws shall remain valid. Where an application for a
declaration of invalidity of a trade mark is filed claiming that the trade mark was registered in
breach of the law, the registrability of the trade mark shall be examined under the law as valid at
the time of the registration of the trade mark in the register. However, the trade mark shall not
be declared invalid if its registration is in compliance with this Act.
(2) This Act shall apply to the proceedings on applications for registration which have not
been completed by the effective date of this Act. The effects of procedural acts done in these
proceedings shall remain unchanged and shall be examined accordingly under this Act. Where
an application filed prior to the effective date of this Act has deficiencies which hinder the
examination of the application, the Office shall invite the applicant to correct such deficiencies
and shall set an adequate time limit for this purpose.
(3) Where the application was published prior to the effective date of this Act but the time-limit
for filing the opposition as set in Section 25 of this Act has not expired prior to the effective
date of this Act, it shall be possible to file an opposition against the registration also under
Section 7 of this Act within the prescribed time-limit, however at the latest within 1 month
following the effective date of this Act. Prior to the registration of the trade mark, the Office
shall also examine the fulfilment of the conditions of registrability under Section 1, 2, 5 and 6
of this Act.
(4) Where an application for removal from the Register has been filed prior to the effective date
of this Act pursuant to Section 25 of the previous Act, it shall be examined as an application for
revocation of a trade mark or for a declaration of invalidity of a trade mark under the fulfilment
of the conditions of this Act and with effects as laid down in this Act.
(5) Where the proceedings for revocation of a trade mark under Section 25 paragraphs 2 and 3
of the previous Act has not been completed prior to the effective date of this Act, the applicant
for removal from the Register shall be obliged to prove to the Office use of the earlier trade mark
within the meaning of Section 13 of this Act.
(6) The application for removal of a trade mark from the Register under Section 26 of the
previous Act may be filed within 1 year from the effective date of this Act.
(7) Where a collective trade mark was registered under previous laws and the present proprietors
did not form a special legal entity, they can do so within 1 year from the effective date of this
Act. After the fruitless expiry of this time-limit, the relations among the present proprietors of
the collective trade mark shall be governed by the general laws on co-ownership.
(8) The relations resulting from trade marks registered prior to the effective date of this Act shall
33
be governed by this Act. However, the establishment of these relationships as well as the claims
resulting from them shall be considered under the laws valid at the time of their
establishment.
(9) The declaration of a trade mark famous under Section 18 of Act No. 174/1988 Coll., on
Trade Marks, shall remain valid for the time period laid down in Section 42 (3) of Act No.
137/1995 Coll., on Trade Marks.
Section 53
(deleted)
Section 54
Repeals
The following Acts shall hereby be repealed:
1. Act No. 137/1995 Coll., on Trade Marks, as amended
2. Decree No. 213/1995 Coll., implementing the Act on Trade Marks.
PART II
Amendment to the Act on courts and
judges
Section 55
The current wording of Section 39 of Act No. 6/2002 Coll., on Courts, Judges, Lay Judges and
the State Court Administration and on the Amendments to Certain Other Acts (Act on Courts
and Judges), shall be marked as paragraph 1 and paragraph 2 shall be added, reading as
follows:
“(2) In the Czech Republic, the Municipal Court in Prague decides as the court of first instance
for Community trade marks pursuant to Article 92 of the EC Council Regulation No. 40/1994
of 20 December 1993 on the Community Trade Mark.”
PART III
ENTRY INTO
FORCE
Section 56
This Act shall come into force on 1 April 2004, except for the provisions of Part I Section 2
c), Section 3 a) point 3 and Section 3 b), Section 7 (1) e), Section 11 (2), Section 46 (3),,
Section XII and Part II, which shall come into force on the day of the entry of the treaty on
accession of the Czech Republic to the European Union into force.
34
Annex No. 1 to Act No. 441/2003 Coll.
Types of trade marks and means of their representation
1. A word mark consisting exclusively of words or letters in the Roman script, Arabic or
Roman numerals, other standard typographic characters, or a combination thereof, shall be
represented by submitting a reproduction of the sign in standard script and layout, without
any graphic elements or colours.
2. A figurative trade mark consisting of non-standard characters, stylisation or layout, or a
graphic feature or a colour, including trade marks consisting exclusively of figurative
elements or of a combination of verbal and figurative elements, shall be represented by
submitting a reproduction of the sign the registration of which is applied for, showing all
its elements and where applicable, its colours.
3. A three-dimensional (shape) trade mark, consisting of, or extending to, a three-dimensional
shape including containers, packaging, the product itself or their appearance, the mark
shall be represented by submitting either a graphic reproduction of the shape, including
computer-generated imaging, or a photographic reproduction. The graphic or photographic
reproduction may contain different views.
4. A position trade mark consisting of a specific way in which the mark is placed or affixed to
the goods, shall be represented by submitting a reproduction appropriately identifying the
position of the trade mark and its size or proportions with respect to the relevant goods.
The elements which do not form part of the subject matter of the registration shall be
visually disclaimed preferably by broken or dotted lines. The representation may be
accompanied by a description detailing how the sign is affixed to the goods.
5. A trade mark representing a pattern consisting exclusively of a set of elements which are
repeated regularly, shall be represented by submitting a reproduction showing the pattern
of repetition. The presentation may be accompanied by a description detailing how its
elements are regularly repeated.
6. A colour trade mark consisting exclusively of a single colour without contours or
exclusively of a colour combination without contours, shall be represented by submitting:
a) a reproduction of the colour and an identification of that colour by reference to a
generally recognized colour code; or
b) a reproduction that shows the systematic arrangement of the colour combination in a
uniform and predetermined manner and an indication of those colours by reference to a
generally recognized colour code; a description detailing the systematic arrangement of
the colours may also be added.
7. A sound mark consisting exclusively of a sound or a combination of sounds, shall be
represented by submitting an audio file reproducing the sound or by an accurate
representation of the sound in musical notation.
8. A motion mark consisting of, or extending to, a movement or a change in the position of
the elements of the mark, shall be represented by submitting a video file or by a series of
sequential still images showing the movement or change of position. Where still images
are used, they may be numbered or accompanied by a description explaining the sequence.
9. A multimedia mark consisting of, or extending to, the combination of image and sound,
shall be represented by submitting an audio-visual file containing the combination of the
35
image and the sound.
10. A holographic mark consisting of elements with holographic characteristic, shall be
represented by submitting a video file or a graphic or photographic reproduction containing
the views which are necessary to sufficiently identify the holographic effect in its entirety.
11. Any other type of trade mark not covered by any mentioned types of trade marks shall be
represented in any appropriate form utilizing generally available technology if such a form
can be clearly, precisely, separately, easily, comprehensibly, durably and objectively
represented in the Register for the competent authorities and the public to be able to clearly
and precisely determine the subject of protection granted to the trade mark proprietor. The
representation may be accompanied by a description.
36
Annex No. 2 to Act No. 441/2003 Coll.
Requirements of the regulations governing use of a certification trade mark
Regulations governing use of a certification trade marks shall contain:
a) information identifying the applicant;
b) declaration that the applicant complies with the requirements laid down in Section 40a (2);
c) wording, graphical or other representation of a certification trade mark;
d) goods or services covered by the certification trade mark;
e) characteristics of the goods or services to be certified by the certification trade mark, such as
material, mode of manufacture of goods or performance of services, quality, or accuracy;
f) conditions of use of the certification trade mark, including sanctions;
g) persons authorized to use a certification trade mark; and
h) methods of testing the characteristics of goods or services and supervising the use of a
certification trade mark.
Selected amendment provisions
Article II of Act No. 286/2018 Coll.
Transitional provisions
1. Proceedings on an application for registration initiated pursuant to Act No. 441/2003 Coll.,
as amended prior to the effective date of this Act and not yet finally completed by that date
shall be subject to the provisions of Act No. 441/2003 Coll., as amended on the effective date
of this Act.
2. If the application filed prior to the effective date of this Act has defects preventing the due
examination of the application pursuant to Act No. 441/2003 Coll., as amended on the
effective date of this Act, the Office shall call on the applicant to eliminate them, setting an
appropriate time limit for doing so.
3. If an opposition to the entry of a trade mark in the Register has been submitted prior to the
effective date of this Act, it shall be reviewed pursuant to Act No. 441/2003 Coll., as
amended on the effective date of this Act
4. If the proceedings on registration of a trade mark have been initiated pursuant to Act No.
441/2003 Coll., as amended prior to the effective date of this Act, and the ground for refusal
of the application for registration has been an opposition as referred to in Section 7 (1) k) of
Act No. 441/2003 Coll., as amended prior to the effective date of this Act, the Office shall
disregard the opposition and shall discontinue the proceedings on it.
5. The right to file an application for furnishing of proof of the genuine use of an earlier trade
mark shall be conferred on:
a) applicant pursuant to Section 26a of Act No. 441/2003 Coll., as amended on the effective
date of this Act, in the proceedings on an opposition filed from the effective date of this
Act;
b) proprietor of a later trade mark pursuant to Section 32c of Act No. 441/2003 Coll., as
amended on the effective date of this Act, in the proceedings for a declaration of
invalidity initiated from the effective date of this Act;
c) defendant pursuant to Section 10a of Act No. 441/2003 Coll., as amended on the effective
date of this Act, in the legal proceedings for infringement of trademark rights initiated as
of the effective date of this Act
37
6. An application for renewal of the registration of a trade mark pursuant to Section 29a (1) of
Act No. 441/2003 Coll., as amended on the effective date of this Act, may be filed if the
action against a decision of the Office’s Chairman has been brought from the effective date
of this Act.
7. Proceedings on the application for revocation of a trade mark or declaration of its invalidity
initiated pursuant to Act No. 441/2003 Coll., as amended prior to the effective date of this
Act, and not yet finally completed by that date shall be subject to the provisions of Act No.
441/2003 Coll., as amended as of the effective date of this Act. However, the provisions of
Section 31a (5), Section 32b (3), and Section 32c of Act No. 441/2003 Coll., as amended as
of the effective date of this Act, shall not apply. The consequences of non-use of an earlier
trade mark shall be considered pursuant to Act No. 441/2003 Coll., as amended on the date
of filing of the application.
8. If the application for a declaration of invalidity of a trade mark is filed as a consequence of
the trade mark being registered in breach of the laws, the fulfilment of the conditions of entry
of marks in the Register of trade marks shall be considered pursuant to Act No. 441/2003
Coll., as amended at the time of entry of the trade mark in the Register.
9. The effects of the procedural acts undertaken in all proceedings not completed on the
effective date of this Act shall remain preserved and shall be appropriately examined
pursuant to Act No. 441/2003 Coll., as amended as of the effective date of this Act.
10. The proprietor of a collective trade mark registered prior to the effective date of this Act,
whose application did not meet the elements in Section 36 (2) of Act No. 441/2003 Coll., as
amended prior to the effective date of this Act, at the time of filing, shall be obliged to
submit regulations governing use of the collective trademark within twelve months from the
effective date of this Act. Upon the fruitless expiry of this time limit, the collective trade
mark shall be considered as an individual trade mark co-owned by the members,
shareholders or participants stated in the Register as the persons authorized to use the
collective trade mark.
_______________________
1) Madrid Agreement Concerning the International Registration of Marks of 14 April 1891,
revised in Brussels on 14 December 1900, in Washington on 2 June 1911, in Haag on 6
November 1925, in London on 2 June 1934, in Nice on 15 June 1957, and in Stockholm on 14
July 1967, published under number 65/1975 Coll., as amended by Decree No. 78/1985 Coll.,
and the Protocol Relating to the Madrid Agreement Concerning the International Registration of
Trademarks arranged in Madrid on 27 June 1989, published under number 248/1996 Coll.
2) Regulation of the European Parliament and of the Council (EU) 2017/1001 of 14 June 2017
on the European Union Trademark
3) Paris Convention for the Protection of Industrial Property of 20 March 1883, revised in
Brussels on 14 December 1900, in Washington on 2 June 1911, in Haag on 6 November 1925,
in London on 2 June 1934, in Lisbon on 31 October 1958, and in Stockholm on 14 July 1967,
published under number 64/1975 Coll., as amended by Decree No. 81/1985 Coll.
4) Annex 1C to the Agreement Establishing the World Trade Organization (WTO), published
under number 191/1995 Coll.
38
6) For instance, Section 2980 of the Civil Code, Act No. 40/1995 Coll., on the regulation of
advertising and on the amendment to Act No. 468/1991 Coll., on the operation of radio and
television broadcasting, as amended, as amended
6a) Act No. 182/2006 Coll., on bankruptcy and the methods of its resolution (Insolvency Act),
as amended
7) Regulation of the European Parliament and of the Council (EU) No. 608/2013 of 12 June
2013 concerning customs enforcement of intellectual property rights and repealing Regulation
of the Council (EC) No. 1383/2003
8) For instance, Act No. 221/2006 Coll., on the enforcement of industrial property rights and on
the amendments to industrial property protection Acts (Industrial Property Rights Enforcement
Act), as amended
9) Nice Agreement Concerning the International Classification of Goods and Services for the
Purposes of the Registration of Marks of 15 June 1957, revised in Stockholm on 14 July 1967
and in Geneva on 13 May 1977, published under number 118/1979 Coll., as amended by Decree
No. 77/1985 Coll.
10) For instance, Section 1670 et seq. of the Civil Code
11) Section 33 (2) c) of the Administrative Procedure Code
11a) Section 53 (4) of the Administrative Procedure Code
11b) Sections 64 and 65 of the Administrative Procedure Code
11c) Section 71 (1) and (3) of the Administrative Procedure Code
11d) Section 80 of the Administrative Procedure Code
11e) Section 152 (3) and (5) of the Administrative Procedure Code
11f) Section 90 (1) c) of the Administrative Procedure Code
12) Act No. 150/2002 Coll., the Administrative Procedure Code, as amended by Act No.
192/2003 Coll.
13) Act No. 85/1996 Coll., on the Bar, as amended
14) Convention Establishing the World Intellectual Property Organization, signed in Stockholm
on 14 July 1967, published under number 69/1975 Coll., as amended by Decree No. 80/1985
Coll.
15) Section 986 of the Civil Code
16) Directive of the European Parliament and of the Council (EU) 2015/2436 of 16 December
2015 to approximate the laws of the Member States relating to trade marks (revised wording)
17) Agreement Establishing the World Trade Organization (WTO), published under number
191/1995 Coll.
39
18) Sections 2358 to 2370 of the Civil Code
19) For instance, Section 1115 et seq. of the Civil Code, Section 32 of Act No. 90/2012 Coll.,
on companies and cooperatives (Companies Act), as amended
20) Act No. 82/1998 Coll., on liability for damages caused in the exercising of public power
through a decision or an incorrect official procedure and on the amendment to Act of the Czech
National Council No. 358/1992 Coll., on notaries and their activity (Notarial Procedure Code),
as amended
21) Act No. 111/2009 Coll., on basic registers, as amended
Act No. 133/2000 Coll., on the population register and personal identification numbers and on
the amendments to certain Acts (Population Register Act), as amended
Act No. 326/1999 Coll., on the stay of foreign nationals in the Czech Republic and on the
amendments to certain Acts, as amended
22) Vienna Agreement Establishing an International Classification of the Figurative Elements
of Marks concluded in Vienna on 12 June 1973 and amended on 1 October 1985
***
40
Applicable wording of relevant parts of Act No. 221/2006 Coll., on the enforcement of
industrial property rights and on the protection of trade secrets, as amended, with the
proposed changes marked
PART ONE
Enforcement of industrial property rights
Section 1
Subject of regulation
This Act shall incorporate relevant laws of the European Union1) and shall regulate the remedies
applicable in the enforcement of industrial property rights (“right(s)”) and the protection of
trade secrets2).
Section 2
Entities entitled to enforce rights
(1) The entitlement to enforce rights pursuant to this Act shall be conferred on the proprietor or
holder of a right pursuant to the applicable Industrial Property Protection Act, the person
authorized to exercise rights pursuant to a special law2), in particular, a licensee, and a
professional rights protection organization duly recognized in the country of origin as an
organization authorized to represent proprietors or holders of industrial property rights
(“authorized person”).
(2) A licensee may enforce rights only with the consent of the proprietor or holder of the rights.
No consent shall be required if, within 1 month from receiving the licensee’s notice of
infringement or jeopardy of the rights, the proprietor or holder of the rights himself has not
initiated proceedings for infringement or jeopardy of the rights.
Section 3
Right to information
(1) The authorized person may require from the third party:
a) who has held rights-infringing goods for the purpose of obtaining direct or indirect economic
or commercial benefit; or
b) who has used rights-infringing services for the purpose of obtaining direct or indirect
economic or commercial benefit; or
c) who, for the purpose of obtaining direct or indirect economic or commercial benefit, has
provided services used in rights-infringing activities; or
d) who has been identified by the person in a), b) or c) as a person participating in the
manufacture, processing, storage, or distribution of goods or the provision of services,
information on the origin and distribution networks of the goods or the services through which
rights have been infringed.
(2) If the information pursuant to paragraph 1 is not provided voluntarily within a reasonable
time, the authorized person can seek its provision through a court petition for the initiation of
right infringement proceedings. The court shall dismiss the action if it was disproportionate to
the jeopardy or the infringement of the right.
41
(3) The information shall contain:
a) name and surname or corporate or business name and permanent or registered address of the
manufacturer, processor, stock operator, distributor, supplier, or another previous holder of
rights-infringing goods or services;
b) details of manufactured, processed, supplied, stored, received, or ordered quantity of, and
price received for, relevant goods or services
(4) The provisions of paragraphs 1 and 2 shall be without prejudice to the provisions of special
laws regulating, in particular:
a) right to obtain information in a broader extent;
b) use of information in civil or criminal legal proceedings;
c) liability for misuse of the right to information;
d) confidentiality obligation3);
e) right to refuse the provision of information if the person referred to in paragraph 1 has
admitted his own participation or participation of his close persons in the infringement of a
right;
f) protection of confidentiality of information sources or processing of personal data4)
Corrective measures
Section 4
(1) In the case of an unauthorized intervention in his rights, the authorized person may seek that
the court should order the infringer to refrain from actions infringing or jeopardizing the rights
and to remove the consequences of the infringement or jeopardy, in particular, by:
a) withdrawing from the market the goods the manufacture, placing on the market or storage of
which has infringed or jeopardized the rights;
b) removing or destroying permanently the goods the manufacture, placing on the market or
storage of which has infringed or jeopardized the rights;
c) withdrawing or permanently removing or destroying the material, tools and equipment
intended or used exclusively or predominantly to carry on rights-infringing or -jeopardizing
activities.
(2) The court shall not order the destruction as referred to above if the infringement of a right
could be removed in other manner and the destruction was disproportionate to the infringement.
If the corrective measures relate to products, materials, tools, or equipment not owned by the
right infringer, the court shall take into account the interests of third parties, in particular,
consumers and persons acting in good faith. The removal of signs or a counterfeit trade mark
from products before the products are placed on the market shall be admissible in exceptional
cases only5).
(3) The authorized persons may also seek the remedies in paragraph 1 towards anyone whose
means or services are used by third parties to infringe rights.
(4) On the application of the infringer of a right, the court may order the infringer, in lieu of the
measures referred to in paragraph 1, to provide the authorized person with financial settlement
provided that the measures would affect the infringer unreasonably and the financial settlement
with the authorized person would seem sufficient.
(5) In its judgment, the court may award the authorized person whose application has been
satisfied the right to publish the judgment at the cost of the infringer who has not prevailed in
the dispute and may also determine the scope, form and method of the publication depending on
42
the circumstances.
Section 5
(1) The authorized person shall be entitled to compensation for damages, the release of unjust
enrichment which the infringer has obtained as a consequence of infringement or jeopardy of
rights, and an adequate satisfaction provided that non-property harm has been caused by the
infringement of rights. The adequate satisfaction may also consist in financial performance.
(2) Upon request, the court may set the value of compensation for damages, unjust enrichment
obtained by the infringer as a consequence of infringement or jeopardy of rights, and an
adequate satisfaction at a lump sum of at least double the royalties usually paid to acquire a
license for using the rights at the time of the unauthorized intervention in them.
(3) Upon request, the court may the set the value of compensation for damages, unjust
enrichment obtained by the infringer as a consequence of infringement or jeopardy of rights,
and an adequate satisfaction provided that, in pursuing the activities, the infringer did not know
or could not have known that his action was infringing rights. The compensation shall
correspond to a lump sum of at least the royalties usually paid to acquire a license for using the
rights at the time of the unauthorized intervention in them.
(4) The court shall take into account all relevant circumstances, such as undesirable economic
consequences, including lost profit, sustained by the authorized person, the infringer’s
illegitimate income, and, possibly, aspects other than economic, such as moral harm the
infringer has caused to the authorized person.
Section 5a
Infringement of trade secret
(1) Where a trade secret has been infringed (Section 2985 of the Civil Code), only Section 4 (1),
(4) and (5) shall apply accordingly.
(2) The financial settlement pursuant to Section 4 (4) shall correspond to not less than the
royalties usually paid to acquire a license for using the trade secret for the period of its
infringement.
(3) If the infringer knew or should have known that his action was infringing a trade secret, the
court shall, at the aggrieved party’s request, set compensation for damages, unjust enrichment,
and an adequate satisfaction at a lump sum corresponding at least to the royalties usually paid to
acquire a license for using the trade secret for the period of its infringement.
_______________________
1) Directive of the European Parliament and of the Council 2004/48/EC of 29 April 2004 on the
enforcement of intellectual property rights
Directive of the European Parliament and of the Council (EU) 2016/943 of 8 June 2016
on the protection of undisclosed know-how and business information (trade secrets) against
their unlawful acquisition, use and disclosure
2) Act No. 527/1990 Coll., on inventions and contraptions, as amended
Act No. 529/1991 Coll., on the protection of topography of semiconductor products, as
amended
Act No. 478/1992 Coll., on utility models, as amended
Act No. 207/2000 Coll., in the protection of designs and on the amendment to Act No.
527/1990 Coll., on inventions, designs, and contraptions, as amended
Act No. 452/2001 Coll., on the protection of the designation of origin and geographical
43
designations and on the amendment to the Consumer Protection Act, as amended
Act No. 441/2003 Coll., on trade marks and on the amendment to Act No. 6/2002 Coll.,
on courts, judges, lay judges and state court administration and on the amendment to certain
other Acts (Act on Courts and Judges), as amended, (Trademark Act), as amended
Act No. 89/2012 Coll., the Civil Code, as amended
***
Applicable wording of relevant parts of Act No. 634/2004 Coll., on administrative fees, as
amended, with the proposed changes marked
Applicable wording of PART XI of the Annex to Act No. 634/2004 Coll., on
administrative fees
Notes to Part XI
Pursuant to this part of the tariff, fees are collected only by the Industrial Property Office.
Item 126
Provision of a counterpart, copy, or an extract from the Register, files, official documents and
records
CZK 100 for each page, even commenced
CZK 15 for each, even commenced, page
if made using a copying machine or
computer printer
Note
Each commenced page shall mean, for the purposes of this Act, an issued page in A4 format
and smaller.
Item 127
a) Filing of a request:
- for first extension of a time limit CZK 200
- for any subsequent extension of a time limit CZK 500
- for surrender of the lapse of time CZK 1000
b) Filing of an appeal against a decision of the Industrial Property Office CZK 1000
c) Filing of a request:
- for issuance of a certificate of the right of priority (priority document) CZK 600
- for registration of a transfer CZK 600
- for registration of a license CZK 600
- for registration of a security interest CZK 600
- for conversion of a European application73) CZK 600 for each state to which the
application is sent
Note
In trademark-related proceedings, the fee for filing an appeal pursuant to paragraph b) of this
item shall be due for reimbursement within the time for filing an appeal. If the fee is not
reimbursed on the due date, the appeal shall be deemed not to have been filed and the provisions
44
pertaining to the reimbursement of an overdue fee and to the call for such reimbursement shall
not apply.
Inventions and Supplementary Protective Certificates
Item 128
a) Filing of an application for registration of an invention CZK 1200
- if solely the originator(s) is/are the applicant(s) CZK 600
b) Filing of a request:
- for a publication prior to a statutory time limit CZK 800
- for access to a translation of requirements for a European patent application,
including access to the corrections of translations
CZK 500
c) Filing of a request for complete examination of an invention registration application
CZK 3000
- for the 11th and every other asserted patent claim CZK 500
d) Issuance of a patent certificate within the scope of:
- 10 pages of typed text CZK 1600
- every other page CZK 100
e) Publication of a translation of a European patent file CZK 2000
- for the publication of corrections of the translation CZK 100
f) Submission of a translation of a European patent file within an additional time
CZK 3000
g) Filing of a request for issuance of a supplementary protective certificate
CZK 5000
h) Filing of a request for paediatric extension of the supplementary protective certificate
CZK 5000
Item 129
a) Filing of a request for determination whether a technical solution constitutes a patent
CZK 5000
b) Filing of an application for revocation of:
- a patent upon the expiration of 6 months from legal force of the patent CZK 2000
- a European patent CZK 2000
- supplementary protective certificate CZK 2000
Item 130
Industrial Property Office’s acts associated with filing an international application pursuant to
the Patent Cooperation Treaty CZK 1500
45
Utility Models
Item 131
Filing of an application for a utility model CZK 1000
- if solely the originator(s) is/are the applicant(s) CZK 500
Item 132
Filing of a request for determination whether a technical solution falls within the scope of a
registered utility model CZK 5000
Item 133
Filing of an application for deletion of a utility model from the Register CZK 2000
Item 134
Filing of a request for any extension of validity of the registration of a utility model
CZK 6000
Notes
1. If a utility model is registered upon the expiration of the period of its validity, the fee for
extension shall be due for reimbursement within 2 months from the registration date.
2. If the fee is not reimbursed within the set time limit, it can be reimbursed within an
additional time limit of 6 months, increased by a factor of 2.
Designs
Item 135
a) Filing of an application for a design CZK 1000
- if solely the originator(s) is/are the applicant(s) CZK 500
b) Filing of a collective application for a design CZK 1000
- if solely the originator(s) is/are the applicant(s) CZK 500
- for every design contained in the application CZK 600
- for each design contained in the application if solely the originator(s) is/are the
applicant(s) CZK 300
Item 136
Filing of an application for removal from the Register of an application for removal of a design
from the Register CZK 2000
- for any subsequent design contained in a collectively registered design CZK 800
Item 137
Filing of a request for renewal of the period of protection of a design
- by 5 years for the first time CZK 3000
- by 5 years for the second time CZK 6000
- by 5 years for the third time CZK 9000
46
- by 5 years for the fourth time CZK 12000
Notes
1. If a design is registered upon the expiry of the period of its validity, the fee for renewal
of the protection shall be due for reimbursement within 2 months from the registration
date.
2. If the fee is not reimbursed within the set time limit, it can be reimbursed within an
additional time limit of 6 months, increased by a factor of 2.
Trade Marks and Designation of Origin
Item 138
a) Filing of an application for registration:
- of an individual trade mark in three classes of goods or services CZK 5000
- of a collective and certification trade mark in three classes of goods and services
CZK 10000
- for any class of goods or services exceeding three classes CZK 500
b) Filing of a request for conversion of an application or a European Union trade mark in
three classes of goods or services CZK 5000
- for any class of goods or services exceeding three classes CZK 500
c) Filing of a request for a division of an application
- for every newly established application CZK 5000
d) Filing of a request for a division of a registered trade mark
- for every newly established trade mark CZK 5000
e) Filing of an opposition to an entry of a published sign in the Register CZK 1000
Notes
1. The fee for Filing of an application for registration of a trade mark pursuant to paragraph
a) of this Item shall be due for reimbursement within 1 month from delivery of the
application.
2. The fee for Filing of an application for conversion of an application or European Union
trade mark pursuant to paragraph b) of this Item shall be due for reimbursement within 2
months from delivery of the notice pursuant to the Act regulating trade marks.
3. The fee for Filing an opposition pursuant to paragraph e) of this Item shall be due for
reimbursement within the time limit for filing opposition.
4. If the fee pursuant to paragraph a) or c) of this Item is not reimbursed on the due date,
the application or the opposition shall be deemed not to have been filed and the
provisions pertaining to the payment of an overdue fee and to the call for such payment
shall not apply.
5. If the fee pursuant to paragraph a) third bullet of this Item is reimbursed at an incorrect
rate, the Industrial Property Office shall, upon the expiry of the time limit for
reimbursing the fee for filing an application, call for payment of the undercharge for
47
filing the application within 5 days from the day following the delivery of the call. If the
undercharge is not paid within the additional time limit, the application shall be deemed
to have been filed within the scope of the classes of goods and services to which the paid
sum relates. If it is not clear to which goods or services the paid sum relates, the
application shall be deemed to have been filed within the scope of the classes of goods
or services stated in the application, in the order from the lowest one which the
application includes. The provisions pertaining to the payment of an overdue fee shall
not apply to an undercharge.
Item 139
a) Filing of a request:
- for renewal of the registration of an individual trade mark CZK 2500
- for renewal of the registration of a collective and certification trade mark
CZK 5000
- for renewal of the registration of an individual trade mark filed upon the expiry of
the protective period, but at the latest within 6 months from that date CZK 5000
- for renewal of the registration of a collective and certification trade mark filed upon
the expiry of the protective period, but at the latest within 6 months from that date
CZK 10000
b) Filing of an application for revocation of a trade mark or for a declaration of its
invalidity CZK 2000
Notes
1. The fee pursuant to paragraph a) of this Item shall be due for reimbursement within the
time limit for filing of a request pursuant to the Act regulating trade marks. If the fee is
not reimbursed on the due date, the Industrial Property Office shall, upon the expiration
of the maturity period, call for payment within fifteen days from the day following the
delivery of the call. If the fee is not reimbursed within the additional time limit, the
request for renewal of the registration of a trade mark shall be deemed not to have been
filed and the provisions pertaining to the payment of an overdue fee shall not apply.
2. The fee pursuant to paragraph b) of this Item shall be due for reimbursement within 1
month from the delivery of an application. If the fee pursuant to paragraph b) of this
Item is not reimbursed on the due date, the application for revocation of a trade mark or
a declaration of its invalidity shall be deemed not to have been filed and the provisions
pertaining to the payment of an overdue fee and to the call for such payment shall not
apply.
3. If, through a final decision, the Industrial Property Office revokes a trade mark or
declares it invalid and the court cancels the decision subsequently, the fee pursuant to
paragraph a) of this Item shall be due for reimbursement within 2 months from delivery
of the judgment to the payer.
4. If the Industrial Property Office does not register a trade mark within 118 months from
delivery of an application, the fee for filing of a request for renewal of the registration of
a trade mark pursuant to paragraph a) of this Item shall be due for reimbursement within
2 months from the date of registration of the trade mark.
Item 140
Filing of:
48
- an application for registration of an international trade mark CZK 2500
- a request for renewal of the registration of an international trade mark CZK 3000
- a request for territorial extension of the registration of an international trade mark
CZK 500
Item 141
a) Filing of an application for registration of the appellation of origin/geographical
appellation CZK 4000
b) Filing of an application for international registration of the appellation of origin
CZK 2500
c) Filing of an application for revocation of the registration of the appellation of
origin/geographical appellation CZK 2000
d) Handover of an application for protection of the appellation of origin/geographical
appellation to the European Commission CZK 500
Note
The fees pursuant to Items 140 and 141 b) of this Tariff shall be collected for acts carried out
pursuant to the Madrid Agreement Concerning the International Registration of Marks, the
Protocol Relating to the Madrid Agreement, or, possibly, the Lisbon Agreement for the
Protection of Appellations of Origin and their International Registration, with the International
Bureau of the World Intellectual Property Organization in Geneva.
Topography of Semiconductor Products
Item 142
Filing of an application for topography of semiconductor products CZK 5000
Item 143
Filing of an application for revocation of topography of semiconductor products from the
Register CZK 2000
***