TRADEMARK REGISTRATION IN THE CZECH REPUBLIC
If you want to do business in the Czech Republic, this material will be useful for you. The SION Patent Law Company lawyers will explain you the whole trademark registration process in this country in detail.
WHY DO YOU NEED A TRADEMARK?
The presence of a trademark certificate enables the right holder to own, use and control rights to a trademark, as well as the unique right to prohibit the use of a third-party trademark, according to specific goods and services classes from the International (Nice) Classification of Goods and Services for the Purposes of the Registration of Marks (hereinafter referred to as the Nice Classification) specified in the certificate.
TRADEMARK REGISTRATION STAGES IN THE CZECH REPUBLIC
Preparatory stage that includes primary goods and services classes selection according to the Nice Classification. Conducting a search for the similarity and identity of the claimed designation with images already protected as a trademark, with words, sounds on the register of registered trademarks in the Czech Republic Patent Office. Based on the result of the search, a report with recommendations for registration of the claimed designation as a trademark and a conclusion on obtaining protection possibility in the territory of the Czech Republic is compiled. The cost of the search service is 50 EUR for one class + 25 EUR for each subsequent class.
Preparing and filling out a trademark registration application at the Czech Republic Patent Office. At this stage, official payments are made: for application up to three classes – EUR 115 + EUR 20 for each subsequent class. According to the Czech law, the applicant can separately pay the receipt of a certificate on the priority date of the application, which will cost 40 euros.
Trademark application review at the Patent Office of the Czech Republic takes place in two stages on formal grounds, i.e formal and substantive review.
It is important to understand that during the entire examination period any person, who believes that the claimed image or word somehow violates his rights, submits an appropriate petition to the Czech Patent Office regarding the registered designation and initiates the so-called opposition process.
If the claims specified in the application are justified, this information is sent to the applicant’s representative for the trademark registration to prepare the relevant objection. If the applicant’s party was able to substantiate its objection and uphold its legal position, which does not contradict the Czech Law On Trademarks Protection, the Czech Patent Office within 3-4 months makes a decision on registration and issues a trademark certificate that confirms ownership on the claimed designation.
TRADEMARK REGISTRATION AND ACTION TERM IN CZECH REPUBLIC
According to the terms, the application examination for a trademark and the trademark certificate issuance period takes about 6 months from the application filling date with the Czech Patent Office.
The trademark certificate validity is 10 years and can be renewed every 10 years.
Trademark protection is annulled 5 years after the trademark certificate receipt if it is not used in the industrial / business turnover of the Czech Republic.
Also, after filling an application for trademark registration with the Czech Patent Office, it is possible to extend protection to the territory of other 98 countries simultaneously under the Madrid Agreement by forming and filling an international application for trademark registration.
The cost of patent attorney services is from €400 and depends on the number of declared classes and registration support services for the trademark application in the Czech Republic patent office.
WHAT IS NECESSARY FOR TRADEMARK REGISTRATION IN THE CZECH REPUBLIC AT THE PREPARATORY STAGE:
- the TM image in pdf, jpg or text format
- description in your own words of business types, market segment, where it is planned to use the future trademark
- the applicant’s data (or data about the legal body)