Register a Trademark in Czech Republic - Contact Our Specialists
Register a Trademark in Czech RepublicUpdated on Monday 05th December 2022
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A trademark can be registered in Czech Republic following a request initiated by the natural person or legal entity interested in performing this procedure. The application will be registered with the Industrial Property Office and our team of lawyers in Czech Republic can offer legal assistance on the documents that must be completed in this sense. A trademark in Czech Republic designates a wide set of graphic representations created to offer visual identity for various products or services.
What is a trademark in Czech Republic?
According to the regulations prescribed by the Industrial Property Office, a trademark designates any graphical representation referring to words, letters, numbers, colors, drawings used by natural persons or legal entities to protect the identity of a product or a service on the local market.
In order to register a trademark, the respective sign should respect a set of criteria, including aspects referring to its originality (a sign that is identical with another local visual representation can’t be registered with the Industrial Property Office).
Through the registration, the owner of the trademark will ensure that no other entity will be able to use the respective sign. It is also necessary to know that after the trademark is registered, the owner will ensure the protection of the sign for a period of 10 years, with the possibility to renew its validity, once the prior period is completed. Our team of Czech lawyers can offer legal advice in this sense. Contact us if you want to register a trademark in Czech Republic.
Filing requirements for trademarks in Czech Republic
In order to register a trademark in Czech Republic, the applicant will need to provide the following documents:
- a signed application requesting the registration of the trademark;
- the list of goods/services related to the respective trademark;
- the representation of the trademark;
- the application fee, which can be paid in a period of one month since the application was made.
It is important to know that the owners can also request a cancellation of the registration, in the case the trademark is not used. However, this can be performed only if the owner can prove that the trademark hasn’t been used for minimum five years since its registration (on a continuous basis).
Czech trademark renewal
As mentioned earlier, a trademark in Czech Republic is valid for 10 years. Then a trademark renewal application can be made by the owner, mentioning that it will have the same validity, of 10 years. Our Czech lawyers can help you in registering a trademark in Czech Republic or renew an existing one.
Intellectual property legislation in Czech Republic
Persons who want to protect any type of intellectual property (IP) established under the local legislation should know that there are several rules of law related to this matter, which designate what types of IP fall under the protection of the law, the way in which they can be registered and the period for which they are protected.
One of the main laws is the Act of April 22, 2008, which refers to the Copyright Act; the Act prescribes the rights given to the creator of a work, which can be established in the artistic field, or in the television or radio broadcasting. According to the Act, an intellectual property designated as a “work” can refer to the following:
- literary work expressed in writing;
- musical work;
- theater works;
- audiovisual works;
- artistic work (paintings, sculptures, graphics);
- architecture designs.
Contact us right away if you want to register a trademark in Czech Republic.
Joint authors of a Czech creation
Article 8 of the Act establishes the way in which a work will be treated if there are more authors signing that certain creation; the paragraph 1 stipulates that such a work will belong to all the authors, as long as the authors have actively expressed their own ideas on that specific work.
Persons providing assistance in any matter for the creation of the work will not be considered authors; our team of Czech attorneys can provide you with more details on this subject.
Can a trademark be registered with a power of attorney?
Yes, you have the possibility to register a trademark in Czech Republic with the help of our lawyer, who will represent you with power of attorney. Basically, this approach comes to our attention if you are outside the Czech Republic and want to register a trademark in this country.
What is important to mention is the fact that this document must be presented to the Czech Industrial Property Office before starting the proceedings for trademark registration. The authorities must be informed about the person represented, who is interested in this approach. Therefore, talk to one of our Czech lawyers to learn more about how to register a trademark in Czech Republic with a power of attorney.
What happens to a trademark if it is not used for 5 years?
There are cases in which the use of a trademark in Czech Republic is not possible or is not desired. In such a situation, the trademark in question will be canceled, on the basis of non-use. Thus, if the authorities carry out rigorous checks and consider that a certain trademark has not been used for the period mentioned above, even if it has an owner, it will be canceled.
We recommend that you discover our legal services and find out what are the steps for registering a trademark in Czech Republic, but also the situations in which it can be canceled.
The use of a trademark attorney
Cases in which it is discovered that a certain trademark is used by an entity that does not have this right come to the attention of our specialists. Thus, a trademark attorney in Czech Republic can offer you help and legal advice to better understand what your rights are in this situation. The respective entity can be sued, if the amicable way is not a solution for solving the respective conflict.
In other words, if the entity in question does not recognize that it used a trademark that did not belong to it or for which it claims to have documents (often false) and does not want to sit at the negotiating table to solve the problem, the respective case comes to the attention of the court.
A series of documents will be used, among them, those certifying the right holder of the respective trademark. Following a favorable decision, the sued entity will have to give up the use of the trademark in question, and it is possible to pay compensation in this case. We recommend that you contact our trademark attorney to learn more about this topic.
Collaborate with our lawyer for trademark registration in Czech Republic
It is recommended to seek specialist advice on how to register a trademark in Czech Republic. You will thus ensure that your lawyer will take care of the formalities and will be able to prepare the necessary documents to deposit them with the relevant authorities. There are situations where such applications have been rejected precisely because of incorrectly completed or non-existent documents. Also, a specialized lawyer can tell you if the chosen trademark is already in use or can be registered by you.
Another case that could attract your attention is the one in which the trademark you have registered is used by another entity, without having this right. Here, our experienced lawyer can help you with such problems and can represent you either in case of mediation, if it is initiated, or before the court.
FAQ about trademark in Czech Republic
1. How much time does it take to receive the registration approval for a trademark in Czech Republic?
If there are no objections or challenges involved, the approval registration can be issued in approximately 9 months for a trademark in Czech Republic. One of our Czech lawyers can tell you more.
2. Does trademark registration in Czech Republic offer protection outside the country?
A trademark registration in Czech Republic is available only in this country. Nevertheless, you can register the trademark with the European Union Trademarks, in order to be protected within the EU countries.
3. What happens if someone copies by trademark in Czech Republic?
Such infringement cases can be easily avoided. Yet, there are specific laws that say you can file an opposition against a person intending to use your trademark. Such opposition will appear in the Czech Intellectual Property Journal. Our Czech lawyers can represent you.
4. When is the proper time to apply for trademark renewal?
Trademark renewal applications must be made before the expiration date, within one year. In some cases, the renewal trademark applications might take around 12 months.
5. Are there special requirements for trademark registration in Czech Republic?
The representation of the trademark, a signed application, and a list of products or services for which you will use the trademark are among the requirements solicited. The entire formalities can be discussed with our attorneys in Czech Republic.
6. What does a trademark comprise?
According to the Industrial Property Office in Czech Republic, a trademark can be a representation comprising letters, colors, words, numbers, slogans, shapes, holograms, and drawings, as long as they aren’t offensive or against the laws. The trademark registration is then quite simple.
7. What happens if my trademark application is rejected?
A trademark application can be rejected if it doesn’t respect the general rules referring to identical visual signs, or restricted words/signs. Instead of dealing with rejections, you can discuss with a Czech lawyer with experience in trademark registration.
8. What are the stages for Czech trademark applications?
The trademark application starts with the examination, followed by the publication and then registration if there are no infringements involved. The entire process can be overseen by one of our specialists.
9. Is it legal to use a trademark if not registered in Czech Republic?
Yes, it is best to register the trademark first and then use it. This way, you can be sure there will be no infringements involved. Please discuss this with one of our advisors.
10. Do I need the support of a Czech lawyer for trademark registration?
It is quite recommended to have the legal support of a Czech lawyer for registering a trademark in Czech Republic. Such specialists know the legislation and can help you make a correct application, without the possibility of being rejected.
Making investments in Czech Republic
Czech Republic is an advantageous country from a business point of view and among the solid destinations that host a large number of international companies with headquarters in this country. The ease of doing business is quite appreciated and beneficial because allows foreign investors to start their activities without complications. The appealing tax regime, the experienced workforce, the free market access, plus the possibility of entering powerful sectors like engineering, healthcare, food & beverages, manufacturing, are huge business advantages of Czech Republic in front of international entrepreneurs. Here are some interesting facts and figures that highlight in large lines the business and economy direction of Czech Republic:
- Nearly USD 171 billion represented the total FDI stock for Czech Republic in 2019.
- The Netherlands is the biggest investor in Czech Republic, followed by countries like Austria, Germany, and Luxembourg.
- The 2020 Doing Business report ranked Czech Republic 41st out of 190 worldwide countries.
- The total value of the greenfield investments was around USD 2,3 billion in 2019.
Persons interested in trademark regulations in this country are advised to contact our law firm in Czech Republic for more details on this matter.