Infringement and Opposition

Opposition, Invalidation and Revocation

Trademark Opposition

EU trademark application and Czech trademark application can be opposed based on validly filed notice of opposition provided, all formality and substantive argumentation are fulfilled within a period of 3 months following the publication of the application.

Bauer-IP can prepare a notice of opposition, including substantive argumentation, and represent the opponent during the proceeding. In particular, we will draft and file reasons and supported evidence(s) enabling the examination in opposition proceeding.

We will meet all formal requirements as well.

Observation by a third party is also possible.

Trademark Invalidation

Both, Czech and European trademark can be invalidated based on a request for invalidation. The proceedings initiated upon the request is filed by a third party, where the trademark has been registered contrary to the legal provisions or where the trademark application was not filed in good faith. We can prepare the request and represent the client before CZ PTO as well as EUIPO.

Trademark Revocation

CZ or EU trademark can be revoked in the proceedings initiated upon a request for revocation is filed by third party if:

a) within a continuous period of 5 years prior to the request for revocation, the trademark has not been put to genuine use in connection withthe goods or services in respect of which itisregistered, 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 trademark 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 request for revocation maybe filed;

b) in consequence of acts or in activity of the proprietor,the trademark 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 trademark by the proprietor of the trademark or with his consent inrespect of the goods or services for which it is registered,the trademark is liable to mislead the public, particularly as to the nature, quality or geographical origin of thosegoods or services.

Patent Application in the Czech Republic

Observation by a third party

On behalf of the party of interest, the Bauer-IP may prepare and submit observations concerning the patentability of the invention after the patent application is published.

Revocation

Bauer-IP can prepare and file a request for revocation of a patent with the CZ Patent Office. The request may be filed even after the patent has lapsed, but proof of legal interest is necessary.

Partial revocation is available and it will be carried out as an amendment of the claims. Bauer-IP can also prepare a request for an amendment to limit the scope of protection by the Patent Office.

For industrial or utility model, please contact us for concerning the difference.

Infringement

Request at Czech Patent office – Declaratory proceedings

Bauer-IP can prepare a request for a decision to determine whether the production process, the given products, their exploitation or their presence on the market fall within the scope of the patent.

Civil proceeding

Nullity/counterclaim for revocation

Bauer-IP can prepare and file a request for invalidity of a patent. The leading attorney may further ask a court to suspend a proceeding on infringement until the Patent Office decides.

Claims resulting from imminent or existing infringement of industrial property rights acquired to the prejudice of their beneficiary fall within the exclusive competence of the Municipal Court in Prague.

The leading attorney can initiate proceedings at the request either the patent owner or another person entitled to use the rights.

Remedies

Right to information, preliminary injunction, recall of products from the market, permanent removal, destruction (products and tools), pecuniary compensation, damages.