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Trademark Registration in the Czech Republic
If you plan to do business in the Czech Republic, this material will be useful to you. The lawyers at EXIP explain in detail the trademark registration process in this country.
Why you need a trademark
A trademark certificate gives the rights holder the right to own, use and dispose of the trademark rights, as well as the exclusive right to prohibit third parties from using the trademark for the specific classes of goods and services listed in the certificate, as defined by the International Classification of Goods and Services (ICGS).
Stages of trademark registration in the Czech Republic
- Preparatory — initial selection of classes of goods and services under the ICGS. A search is carried out for similar and identical signs (images, words, sounds) to the proposed sign among the trademarks already protected, in the register of filed and registered trademarks at the Czech Patent Office. Based on the search results, a report is prepared with recommendations on registering the proposed sign as a trademark and a conclusion on whether protection in the Czech Republic is possible. The search costs 50 EUR for one class + 25 EUR for each additional class.
- Preparation and filing of the trademark application with the Czech Patent Office. At this stage the official fees are paid: 115 EUR for filing up to three classes + 20 EUR for each additional class. Under Czech law, the applicant may separately pay for a certificate of the filing date priority, which costs 40 EUR.
- Examination of the trademark application at the Czech Patent Office undergoes two stages on formal grounds: «formal» and «substantive examination».
It is important to understand that during the entire examination period, any person who believes that the proposed image or word infringes their rights in some way may file a petition with the Czech Patent Office regarding the sign being registered and initiate «opposition» proceedings.
If the claims stated in the petition are substantiated, this information is sent to the applicant’s representative for the sign being registered, so that an appropriate response can be prepared. If the applicant manages to justify its objection and defend its legal position, which does not contradict the Czech Law «On the Protection of Trademarks», the Czech Patent Office decides on registration within 3–4 months and issues a trademark certificate confirming ownership of the filed sign.
Registration timeline and validity of the trademark in the Czech Republic
In terms of timing, examination of the trademark application and issuance of the trademark certificate take about 6 months from the filing date with the Czech Patent Office.
The trademark certificate is valid for 10 years and can be renewed every 10 years.
Protection of the trademark is cancelled 5 years after the certificate is issued if the trademark is not used in industrial or business trade in the Czech Republic.
Also, after filing a trademark application with the Czech Patent Office, protection can be extended at the same time to 98 other countries under the Madrid Agreement, by preparing and filing a single international trademark application.
The fee for a patent attorney starts at 400 EUR and depends on the number of classes claimed and on the support services for the trademark registration application at the Czech Patent Office.
What is needed for trademark registration in the Czech Republic at the preparatory stage:
- an image of the sign in pdf or jpg format, or the word mark
- a description, in your own words, of the types of business and the market segment where the future trademark is planned to be used
- applicant details (details of the legal entity)
