- What is a trademark ?
- What can be trademarked ?
- Which designations can‘t be registered in the trademark register ?
- Who can apply for a trademark ?
- How can a trademark registration application be filed ?
- What are the application proceedings ?
- How long are trademarks valid for ?
- What is a collective trademark ?
- How does one proceed with a trademark application abroad ?
- What is an international trademark ?
- What are the basic administrative fees ?
- Where can you get further information ?
tRADEMARKS AND LEGAL PROTECTION
What is a trademark ?
A trademark is a designation which serves to distinguish products or services on the market. The purpose of a trademark is to distinguish goods or services of the same kind produced or provided by different producers or service providers, respectively. The trademarks help consumers to find their way around offers of products and services and to select the ones they want. Because trademarks have been promoted extensively, especially in the media, a company‘s product name or logo becomes an integral part of our daily lives.
Relevant questions on trademarks are governed particularly by the following legislation:
- Act No. 441/2003 of the Coll., on Trademarks;
- Regulation No. 97/2004 of the Coll., Concerning Implementation of the Trademark Act;
- Act No. 634/2004 of the Coll., on Administrative Fees;
What can be trademarked ?
A trademark can only be a designation that can be graphically represented (written, drawn) and intended to distinguish the products or services for which it is protected from other identical products or services on the market supplied from other business sources. So a trademark cannot exist in and of itself, but is always in connection with the specific products or services it designates.
A trademark application is filed by an applicant with the Industrial Property Office (hereinafter referred to only as Office). The right to a trademark stems from being registered in the trademark register managed by the Office. The trademark owner has exclusive right to designate his products or services with the trademark or to use the trademark in connection with these products or services. |Nobody can use an identical or similar designation for the same or similar products or services without the owner’s prior consent.
A trademark can be:
- A word designation in standard writing (words, names, word and number combinations and the like);
- A word designation in a special form of graphical writing;
- Figurative designations;
- Combined designations consisting of both word and drawing (logos);
- 3D designations formed by product shapes or packaging (such as bottles);
- Combinations of product shape or packaging with words or a drawing (such as bottle with a laben( �
- A colour or a combination of colours.
In addition to word designations in standard writing, a trademark can also be registered either in a black and white or colour version as the applicant chooses. As far as a colour trademark is concerned, the protection also relates to the colours used and their arrangement. The trademark must consistently be used only in the colour version registered.
Which designations can‘t be registered in the trademark register ?
The following are excluded from registration in the trademark register:
- Designation that cannot be graphically represented (such as theme tunes, special aromas, television broadcasts);
- Designation without the capability to distinguish products or services;
- Designation exclusively formed by signs or data serving in trade to determine a kind, grade, amount, purpose, value of products or services, further by data relating to geographical origin or production time of a product or supply of a service;
- Designation consisting exclusively of signs or marks being common in current language or employed in good faith and in commercial usage;
- Designation formed exclusively by the shape of the product which arises from its nature or is essential for achieving a technical result and/or which gives the product a substantial utility value (the shape of the product being universally used or being conditioned by the technical features of goods);
- Designation that goes against public order or morality;
- Designation that can mislead the public, particularly as far as nature, quality or geographical origin of goods or services is concerned;
- Designation registered for wines or spirits, containing a geographical indication being contrary to the actual place of origin of that wine or spirit;
- Designation consisting of elements protected according to the article 6ter of the Paris Agreement, registration of which was not approved by the respective authorities;
- Designation consisting of signs, emblems and coats of arms other than those specified in the article 6ter of the Paris Agreement, provided their use is subject to special public interest, unless the respective authority gives consent to its registration;
- Designation containing signs of high symbolic value, especially religious symbols;
- Designation, whose use would be inconsistent with provisions of other legal regulation or is contrary to obligations resulting from international treaties;
- Designation where it is apparent that the trademark application was not filed in good faith;
- Designation that is identical with a trademark registered or applied for earlier by another person and for identical products or services and designations containing elements of such trademark that could lead to confusion. This fact can be verified by carrying out a search prior to filing the trademark application;.
- Designation infringing third persons‘ rights, enforced by duly and in time filed objections against the trademark registration.
Who can apply for a trademark ?
A trademark can be applied for by any individual or legal entity competent to perform legal acts.
Trademark registration can be applied for either directly by the applicant or he may select a representative for this purpose, particularly a solicitor or a patent attorney. In filing the application, the representative must identify himself as having power of attorney signed by the applicant. Unless the applicant has a company, permanent residence or seat in the Czech Republic, he must file the trademark registration application through a member of the Czech bar association or Patent Attorney Chamber. This condition does not apply provided the applicant is an EU citizen or resides in a country which is a contracting party of the EEC (or has its administration or seat in the above mentioned countries), and provided that he resides or provides services in the Czech Republic. Those people must provide addresses in the Czech Republic to which official documents concerning the application or the registered trademark will be sent. All documents sent to the Office must be in Czech.
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