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Rott, Růžička & Guttmann a spol.
Prague 2, Czech Republic (CZ)

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Czech Republic (CZ)

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Apr 04, 2019
IP Office Will Not Accept Merger Request of Intl. Registration
The Czech Republic has notified WIPO in accordance with new Rule 27ter(2)(b) of the Common Regulations under the Madrid Agreement Concerning the International Registration of Marks and the Protocol Relating to that Agreement (the Common Regulations), which entered into force on February 1, 2019.

In the said notification, the IP Office has declared that its law does not provide for the merger of registrations of a mark and that, as a result, its Office will not present to the International Bureau of WIPO requests for the merger of international registrations resulting from division under new Rule 27ter(2)(a).

For further information, please click here


Source: www.wipo.int

Jan 31, 2019 (Newsletter Issue 1/19)
Important Amendments to Trademark Law
As of January 1, 2019, new and significant amendments in the Czech trademark law came into force. Some of the amendments are below:

- The local Patent Office will not check for earlier identical trademarks when examining new applications.
- The owners of such rights will have an opportunity to file oppositions in order to protect its registered signs.
- The graphical representation requirement of a trademark has been abandoned. Trademarks can be expressed in any form capable of reproduction, provided it allows for a clear and precise determination of the subject of the trademark protection.
- New claims arising from IP rights ownership (unauthorized use of registered trademarks in the names of corporations and in comparative advertising expressly recognized as trademark infringement)


Source: www.kinstellar.com

Legal basis is the new Trademark Act no. 441/2003 of December 3rd, 2003, in force since April 1st, 2004. The Czech Republic is a member of the Madrid Agreement and the Madrid Protocol, TRIPs, Paris Convention, WIPO Convention, Trademark Law Treaty and Nice Agreement. Since May 1st, 2004, the Czech Republic is a member of the European Union.
Trademark protection is obtained by registration. It can also be acquired by sufficient public use.
Owner of trademarks that were protected in former Czechoslovakia were able to choose whether their trademarks should be protected in only one or in both successor states.
Nice classification, 11th edition
A trademark may be any sign, in particular words, including personal names, colours, drawings, letters, numbers, the shape of a product or its packaging, or sounds if it is capable to
(a) distinguish the goods or services of one person from the products or services of another person and
(b) be represented in the trade mark register in a way that the competent authorities as well as the public may recognize the subject of protection precisely.

The following trademark types are registrable: trademarks, service marks, collective marks, certification marks.

Protectable non-traditional trademarks: 3-D, colours, holograms, pattern, position, motion, audio visual, sound marks, certification marks. This list may be not be exhaustive.
The application is filed at the Patent Office.
Multiple-class applications are possible.
Applicants without a registered seat/permanent residence and/or a real business/undertaking in the Czech Republic need a local agent.
A non-legalised simply signed power of attorney is sufficient, scan copy is enough.
Foreign applicants do not need a domestic registration.
The application process includes a formal examination, an examination of distinctiveness but no search for prior trademarks. Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use.
Disclaimers - the exclusion of non-distinctive elements from the scope of protection of a mark - were abolished by the changes to the Act as of January 1, 2019.
The processing time from first filing to registration is approx. 6 to 10 months.
Before registration, the trademark application is published in the electronic Official Gazette of the Czech Industrial Property Office. At the end of the opposition period, the trademark is registered and published if no opposition has been filed or opposition has been rejected.
National:
The period for filing an opposition is 3 months from publication of the trademark application (non-extendable).

Details regarding the Opposition Period against designation of IR Mark are available in our publication on this topic here
Protection begins with the date of application. A trademark registration is valid for 10 years from date of application. The registration is renewable for periods of 10 years.
The grace period for renewals is 6 months from the expiration date of the trademark.

Further practical details are available in our publication on this topic here
If the trademark has not been used within 5 years from registration or has later not been used for 5 consecutive years, it may be subject to cancellation. Subsequent use of the trademark can restore protection if no third party has applied for an identical or similar trademark in the meantime and if no party has requested cancellation due to non-use.

Further practical details are available in our publication on this topic here
The official fee for filing a trademark application is CZK 5,000 for up to three classes and CZK 500 for each additional class. The registration fee and the publication fee are not paid.

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Practical details on licensing procedures, requirements and effectiveness are available in our publication on this topic here.
Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Mrz 25, 2019
Cermák a spol., Prague, Czech Republic

Mrz 15, 2019
Rott, Růžička & Guttmann a spol., Prague 2, Czech Republic  

Mrz 16, 2017
Rott, Růžička & Guttmann a spol., Prague 2, Czech Republic  

Apr 04, 2016
Zivko Mijatovic & Partners, Praha, Czech Republic

Nov 13, 2014
Rott, Růžička & Guttmann a spol., Prague 2, Czech Republic  

Jun 27, 2013
Rott, Růžička & Guttmann a spol., Prague 2, Czech Republic  

Jan 05, 2012
Rott, Růžička & Guttmann a spol., Prague 2, Czech Republic  



Rott, Růžička & Guttmann a spol.



Vladimír Rott

Vladimír Rott
Vinohradska 938/37
120 00 Prague 2
Czech Republic (CZ)
Tel +420 233 370 084
Fax +420 233 382 263
vrott@rrg.cz
www.rrg.cz

The Rott, Růžička & Guttmann Patent, Trademark and Law Office was founded in 1990. It is a leading intellectual property firm serving domestic and foreign clients from offices in the Czech Republic and Slovakia.

We handle applications to protect inventions, utility and industrial designs, topographies for semi-conductor products, plant varieties, trademarks and designations of the origin of products, as well as research regarding patents and trademarks. The firm also assists clients with copyright and competition matters. As well as in IP contentions matters and anti-counterfeiting matters.

The office has a separate branch in Bratislava – Rott, Růžička & Guttmann Patent, Trademark and Law Office v.o.s. (general commercial partnership) – founded in 1993.

The office provides services in English, German, French, Russian, Slovakian and Japanese.

Our partners and patent attorneys are members of the international associations AIPPI, INTA, AIPLA, FICPI, ECTA, MARQUES, and LES.

Industrial Property Office (Czech Patent and Trademark Office)
Antonína Čermáka 2a
160 68 Prague 6
Czech Republic
Tel +420 220 38 31 11
Fax +420 224 32 47 18
www.upv.cz/en.html

European Union Intellectual Property Office (EUIPO)
Avenida de Europa, 4
03008 Alicante
Spain
Tel +34 965 139 100
Fax +34 965 131 344
Mail information@euipo.europa.eu
www.euipo.europa.eu


World Intellectual Property Organization (WIPO)
34, Chemin des Colombettes
1211 Geneva 20
Switzerland
Tel +41 22 33 89 11 1
Fax +41 22 73 35 42 8
www.wipo.int