Trademark Registration in the Czech Republic

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Because the Czech Republic is a “first to file” nation, trademark registration is required to obtain rights to a trademark. Unregistered trademarks can only be protected in exceptional instances. Trademark applications must be filed with the Czech Republic’s Industrial Property Office (UPV).

The Czech Republic is also a member of the European Union, which means that trademark protection can be granted by registering a European Union Trademark (EUTM), and a member of the Madrid Protocol, which means that trademark registration can be extended internationally via the Madrid System.

A trademark does not have to be in use in the Czech Republic in order to be registered. Prior use, on the other hand, may be effective in overcoming objections based on a lack of distinctiveness by demonstrating that the trademark has acquired distinction.

If you register a combined trademark in the Czech Republic (which includes both word and figurative parts), your exclusive right to use the trademark is limited to using it in the precise configuration or way that it was filed and registered. If you want to use your trademark’s word element apart from the logo (or vice versa), It is recommended that you register for a separate trademark that only includes the words or figurative elements you want to use and protect.

However, if a third party later wants to register or use a trademark for similar products or services that includes a principal or distinct element or portion of your trademark, you will have the right to object based on confusing resemblance.

Third parties have three months from the date of publication of a trademark application in the Czech Intellectual Property Journal to file an opposition.

Although a trademark does not have to be in use to register, it must not be inactive for more than five years or it will be open to cancellation procedures based on lack of use. The amount of use must be commercial in nature.

In the Czech Republic, registered trademarks have an initial validity of ten (10) years from the date of application, after which they can be renewed indefinitely for subsequent periods of ten years. The trademark renewal can be requested up to twelve (12) months before the expiration date, or during the grace period of six (6) months following the expiration date if late renewal fees are paid.

You can find the list of Czech IP Firms here.

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