Trademark Proceedings in the Czech Republic
Registered Czech Trademark Attorney services
- Trademark Search and Availability Analysis or Trademark Monitoring
- Trademark Attorneys Analysis & Advice
- Trademark Registration
- Response to Office Action
- Professional Representation before Czech Industrial Property Office
- Opposition of Czech Trademark Application
- Cancelation or Invalidation Requests
Term of protection for Trademark
A trademark may be renewed indefinitely. However, the trademark will be cancelled if the renewal fee is not paid after a respective ten-year period. Trademark can be also cancelled if the proprietor or licensee does not use the trademark for more then 5 years.
For successful registration, one need to know representation of the trademark (word, logo, sound or video file). Furthermore, the applicant must provide list of goods and/or services for which the protection is sought. The list must be divided into 45 classes according to Nice classification.
Costs of the Czech Trademark
For obtaining a date of filing (priority), filing fee must be paid. The filing fee and any additional fee depends on the number of classes indicated. The basic application filing fee is 5000,- CZK for three classes. Some trademarks include figurative elements or consist exclusively of images. These are categorised separately in the „Vienna Classification“.
Trademark Search and Availability
Before filing, one should conduct a search for availability. Thus, one avoids potential opposition or invalidation of your trademark. Trademark searches are important, before filing a trademark application and after the registration of a trademark. Before filing a trademark application, Bauer-IP can carry out a search to find out to the fullest extent possible, if your proposed trademark does not infringe earlier rights.
Trademark searches are also important after the registration. After registration of your trademark, you should regularly carry out searches for new registrations of other trademarks to be able to act against identical or similar trademarks on the basis of your earlier trademark, thus defending your trademark. Otherwise, a third party may file a request for cancellation against your trademark. Your trade mark might also be challenged by a cease-and-desist order or actions brought before the civil courts.
Please note that Czech Industrial Property Office does not check any earlier registered or pending application for trademarks. If you own a registered trademark, you should also watch it and defend it.
Czech Trademark proceeding
Complying with formal requirements makes processing faster.
First, Czech Industrial Property Office is checking formality examination that all required data, for example, applicant, trademark and the list of goods and services have been received. However, processing of the trademark application only starts after full payment of fee for the application.
Then, Czech Industrial Property Office examines whether the trademark applied for could be excluded from registration because of absolute grounds for refusal. In particular, all words that merely describe the goods or services (for example, “program” for personal computers) are regarded as a criterion for exclusion, based on which a trademark cannot be registered.
If the application complies with the legal requirements and if there are no grounds for refusal, Industrial Property Office publishes the trademark. Since the date of publication, 3 months period applies for filing an opposition, e.g. based on earlier trademark right(s). Official fee for filing the opposition is 1000,- CZK.
Trademark Monitoring after Registration
Do you know …
… that the office does not check during the application procedure whether earlier trademarks or rights to signs of third parties conflict with the registration. The trademark might have to be cancelled in the case of opposition or invalidity proceedings based on earlier rights.
Duration of protection and renewal of a Trademark
The duration of protection of a trademark registered ends on the expiry of the day which corresponds in designation or number to the filing day (e.g. application of 17 January 2019 – end of protection on 17 January 2029). You can renew trademark protection for further periods of ten years. The renewal will take effect on the day following the expiry of the duration of protection. For an overall renewal of your trademark it is sufficient to pay the renewal fees.
Keeping your registration alive
Please also note: The renewal fees may be paid six months before the due date at the earliest. If the renewal fees are not paid or if the payment is insufficient, the trademark right will lapse.