	Trademarks
	Czech Republic
	(Europe) Firm PRK Partners Contributors Michal Matejka Updated 27 Oct 2020
What is the system for trademark protection in your country?	The system for trademark protection in the Czech Republic includes: Registration Common law - Unregistered trademarks may be protected by way of unfair competition.
To which international treaties does your country belong?	The Czech Republic belongs to the following international treaties: Paris Convention Madrid Agreement Madrid Protocol Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks Lisbon Agreement for the Protection of Appellations of Origin and their International Registration Nairobi Treaty on the Protection of the Olympic Symbol Trademark Law Treaty ("TLT") Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods
What are the benefits of registering a trademark in your country?	The benefits of registering a trademark in the Czech Republic include: It entitles the proprietor to bring an infringement action
Is it possible to obtain registration for the following types of marks under the registration system in your country?	Service marks No Defensive marks No Collective marks Yes. A collective trademark shall be a trademark that is described as such when the trademark is applied for and is capable of distinguishing the goods and services of the members or shareholders of a legal entity from those of other persons. An application for registration of a collective trademark may be filed by a legal entity, in particular, an association of manufacturers, producers, suppliers of services, and traders which, under the terms of the law organizing them, have legal capacity and personality, as well as by legal entities governed by public law. An application for registration of a collective trademark shall be accompanied by an agreement governing the use of the collective trademark, specifying at least the persons authorized to use the collective trademark, the conditions of membership in a legal entity, and the conditions of use of the collective trademark, including sanctions. The members or shareholders of the proprietor of a collective trademark entered in the Register of Trademarks shall have the exclusive right to use the collective trademark in relation to the goods or services covered by the collective trademark. Certification marks Yes. A certification trademark shall be a trademark which is described as such when the trademark is applied for and is capable of distinguishing the goods or services, certified by the proprietor of that trademark for material, mode of manufacture of goods or performance of services, quality, accuracy or other characteristics, from the goods or services which are not so certified. Any person competent to certify the products or services for which a certification trademark is applied may apply for the certification trademark provided that such person does not carry on a business involving the supply of goods or services of the kind certified. Well-known marks Yes. A well-known trademark shall be a trademark that is legally protected since it is widely known to the pertinent general public and enjoys a relatively high reputation. The legal protection is, therefore, derived from the reputation and popularity of a well-known trademark (not because it was properly registered in the Register of Trademarks). The pertinent general public consists of relevant consumers, i.e. consumers to whom the goods or services bearing the well-known trademark are addressed. Series marks No. Marks in a different language or characters other than Roman characters Yes. In case of a word trademark, only Latin alphanumeric characters without diacritics (a-Z), Arabic numerals (0-9), Roman numerals and the following characters ë ö ä ü ° ! @ # % & * ( ) ? . , ; : + -/ _ = § Ä› š Ä Å™ Å¾ ý á í é Å¯ ú Å¥ Ä Åˆ $ " ' are permitted. Trademarks in different languages which use other than Roman characters are supposed to be registered as figurative trademarks. Non-traditional marks: Sound marks Yes. A sound trademark consisting exclusively of a sound or a combination of sounds shall be represented by submitting an audio file reproducing the sound or by an accurate representation of the sound in musical notation. Non-traditional marks: Smell marks Yes. Generally, this type of trademarks is possible; it shall be represented in any appropriate form utilizing generally available technology if such a form may be clearly, precisely, separately, easily, comprehensibly, durably, and objectively represented in the Register of Trademarks for the competent authorities and the public to be able to clearly and precisely determine the subject of protection granted to the trademark proprietor. The representation may be accompanied by a description. In general, such trademarks are very difficult to obtain. Non-traditional marks: Position marks Yes. A position trademark consisting of a specific way in which the mark is placed or affixed to the goods shall be represented by submitting a reproduction appropriately identifying the position of the trademark and its size or proportions with respect to the relevant goods. The elements which do not form part of the subject matter of the registration shall be visually disclaimed preferably by broken or dotted lines. The representation may be accompanied by a description detailing how the sign is affixed to the goods. Non-traditional marks: Color marks (i.e. registration of a single color or a combination of colors, e.g. Cadbury's purple color) Yes. A color trademark consisting exclusively of a single color without contours or exclusively of a color combination without contours, shall be represented by submitting: (a) a reproduction of the color and an identification of that color by reference to a generally recognized color code; or (b) a reproduction that shows the systematic arrangement of the color combination in a uniform and predetermined manner and an indication of those colors by reference to a generally recognized color code; a description detailing the systematic arrangement of the colors may also be attached. Non-traditional marks: Shape or three-dimensional marks Yes. A three-dimensional (shape) trademark, consisting of, or extending to, a three-dimensional shape including containers, packaging, the product itself or their appearance, shall be represented by submitting either a graphic reproduction of the shape, including computer-generated imaging, or photographic reproduction. The graphic or photographic reproduction may contain different views.
What are the documents and information required for filing a trademark application in your country?	Documents and information required to file a trademark application in the Czech Republic include: Name and address of the applicant Representation of the trademark Goods and services and the class(es) for which the trademark is to be registered Power of Attorney Other: If the applicant claims the right of priority under the Paris Convention, the date of the trademark application from which the applicant infers the right of priority, as well as the country in which that trademark application was filed, are supposed to be specified in the trademark application. If the right of priority based on several trademark applications is claimed, the applicant shall specify (in relation to each product or service) the trademark application from which the applicant infers the right of priority. The applicant shall also specify the type of the trademark covered by the trademark application [e.g. word trademark, figurative trademark, color trademark, three-dimensional (shape) trademark, position trademark, etc.]. If relevant, the applicant shall specify, whether the trademark application concerns a collective trademark or a certification trademark. The technical requirements for the representation of the sign to be registered in electronic form are supposed to be published by the Czech Industrial Property Office on its website. If the sign applied for is not represented in electronic form, the applicant shall submit the A8 to A4 size graphical representation capable of reproducing the trademark clearly in all details and with all features or colors.
Are multi-class applications permitted in your country?	Yes, multi-class applications are permitted in the Czech Republic. Czech law allows applicants to file a single trademark application covering goods and/or services spanning multiple classes. The number of classes is not limited. The Czech Industrial Property Office, however, charges a separate filing fee for each class of any goods or services exceeding three classes.
Is there substantive examination of trademarks?	Yes, there is substantive examination of trademarks in the Czech Republic on the following grounds: Substantive grounds
What are the absolute grounds for refusal?	Absolute grounds for refusal of a trademark in the Czech Republic include: Mark has direct reference to the character or quality of the goods or services Mark is not distinctive Other: (a) a mark which cannot constitute a trademark which may consist of any signs, in particular, words, including personal names, colors, designs, letters, numerals, the shape of goods or the packaging of goods, or sounds, provided that such signs are capable of (i) distinguishing the goods or services of one undertaking from those of another; and (ii) being represented in the Register of Trademarks in a manner which enables the competent authorities and the public to determine the clear and precise subject matter of the protection afforded to its proprietor; (b) a mark which consists exclusively of signs or indications which may serve, in trade, to designate the kind, quality, quantity, intended purpose, value, geographical origin or the time of production of goods or of rendering of services, or other characteristics of goods or services; (c) a mark which consists exclusively of signs or indications which have become customary in the current language or in bona fide and established practices of the trade; (d) a mark which consists exclusively of the shape, or another characteristic, which results from the nature of the goods themselves, or which is necessary to obtain a technical result, or which gives substantial value to the goods; (e) a mark which is contrary to public order or accepted principles of morality; (f) a mark which is of such a nature as to deceive the public, for instance, as to the nature, quality or geographical origin of the goods or services; (g) a mark which consists of, or reproduces in its essential elements, an earlier plant variety denomination registered in accordance with the Czech Republic and European Union legislation, or international agreements to which the Czech Republic or the European Union is a party, providing protection for plant variety rights, and which are in respect of plant varieties of the same or closely related species; (h) a mark which contains signs which are protected pursuant to Article 6ter of the Paris Convention and the registration of which has not been authorized by the competent authorities; (i) a mark which contains badges, emblems and escutcheons other than those mentioned in Article 6ter of the Paris Convention, if their use is subject to public interest, unless the consent of the competent authority to their registration has been given; (j) a mark which contains a sign of high symbolic value, in particular a religious symbol; and (k) a mark the use of which is contrary to the Czech Republic or the European Union legislation or contrary to the obligations ensuing for the Czech Republic from international agreements to which the Czech Republic or the European Union is party, in particular those providing protection for designations of origin and geographical indications, traditional terms for wine, and traditional specialities guaranteed.
What are the relative grounds for refusal?	Relative grounds for refusal of a trademark in the Czech Republic include: There is a prior application for registration or registration for an identical or confusingly similar mark in relation to the same goods or services as the subject mark There is a prior application for registration or registration for an identical or confusingly similar mark in relation to similar goods or services (although in a different class) as the subject mark Other: (a) there is the earlier trademark which is identical to the mark applied for and which is protected for goods or services identical to those for which the mark applied for shall be registered;(b) there is the earlier trademark which is identical or similar to the mark applied for and which is protected for goods or services identical or similar to those for which the mark applied for, and, therefore, there exists a likelihood of confusion between the earlier trademark and the mark applied for on the part of the public; the likelihood of confusion includes the likelihood of association with the earlier trademark; (c) there is the earlier trademark which is identical or similar to the mark applied for, irrespective of whether the goods or services for which it is applied are identical with, similar to or not similar to those for which the earlier trademark is registered, where the earlier trademark has a reputation in the Czech Republic and, in the case of a European Union trademark, has a reputation in the European Union and the use of the mark applied for without due cause would take unfair advantage of, or be detrimental to, the distinctive character or the repute of the earlier trade mark; (d) the trademark application has been filed by the trademark proprietor’s representative in his/her own name and without the proprietor’s consent, unless the representative justifies his/her action; (e) there is a likelihood of confusion on the part of the public because of the identity or similarity of the mark applied for to the non-registered trademark or other sign used in the course of trade, and because of the identity or similarity of goods or services covered by the non-registered trademark (or another sign used in the course of trade) and the mark applied for; the likelihood of confusion includes likelihood of association; (f) personal rights, in particular, right to a name, right of personal portrayal, and right to protection of personal expressions, may be infringed on by the mark applied for; (g) an author’s work protected by copyright may be infringed on by the use of the mark applied for; or (h) there is the earlier right in other industrial property which may be infringed on by the use of the mark applied for.
What is the time period from application to registration for a straightforward trademark application in your country?	The time period from application to registration in the Czech Republic is between 6-12 months.
Is late renewal of a trademark registration permissible in your country?	Yes, late renewal of trademark registration is permissible in the Czech Republic. The request for renewal of the trademark registration may be filed at the latest within a further period of 6 months following the expiry of the trademark registration. The applicant must pay an administrative fee of (1) CZK 5,000 (approx. EUR 185, the exchange rate of ÄŒNB as of October 8, 2020, 14:30) for renewal of the registration of an individual trademark, or (2) CZK 10,000 (approx. EUR 370, the exchange rate of ÄŒNB as of October 8, 2020, 14:30) for renewal of the registration of a collective and certification trademark.
Does evidence of use need to be submitted to the trademark office at any time in order to maintain an application for registration or a registration of a trademark in your country?	Yes, evidence of use needs to be submitted to the trademark office in order to maintain an application for registration or registration of a trademark in the Czech Republic. SITUATION A The Czech Industrial Property Office shall revoke the trademark in the proceedings initiated upon an application filed by a third party if within a continuous period of five years prior to the application for revocation, the trademark has not been put to genuine use in connection with goods or services in respect of which it is registered, and there are no proper reasons for non-use. In this case, the Czech Industrial Property Office shall communicate the application for trademark revocation to the proprietor of a trademark and shall set a time limit for the proprietor to file observations to the application and to submit proof of genuine use. If the evidence of genuine use of a trademark is submitted in paper form, it shall be submitted in two copies. SITUATION B If on the date of filing of the application for a declaration of trademark invalidity (due to the grounds for opposition to the registration of a trademark), an earlier trademark has been registered for at least five years, the applicant shall furnish proof, upon request of the proprietor of the later trademark, that, during the five years period preceding the date of filing of the application for a declaration of invalidity, the earlier trademark has been put to genuine use in connection with the goods or services for which it is registered and on which the application for a declaration of invalidity is based, or that there are proper reasons for non-use. If the evidence of genuine use is submitted in paper form, it shall be submitted in two copies. SITUATION C If on the date of bringing the action for the prohibition of the use of trademark, the trademark has been registered for at least five years, the proprietor of the trademark shall furnish proof (at the request of the defendant) that, during the five years period preceding the date of bringing the action, the trademark has been put to genuine use in connection with goods or services in respect of which it is registered and which are cited as justification for the action or that there are proper reasons for non-use. SITUATION D If the earlier trademark has been registered at least five years preceding to the date of filing or the date of priority of the application, at the request of the applicant the opponent shall furnish proof that, during the five years period preceding the date of filing or the date of priority of the application, an earlier trademark has been put to genuine use in connection with goods or services in respect of which it is registered and on which the opposition is based, or that there are proper reasons for non-use. If the evidence of genuine use is submitted in paper form, it shall be submitted in two copies.
Are trademark licensees required to record themselves with the Registrar?	No, trademark licensees are not required to record themselves with the Registrar, however, it is recommended. Without registration, the license is not effective vis-a-vis third parties.
What are the available enforcement methods in your country?	Available enforcement methods in the Czech Republic include: Civil enforcement Infringement action Criminal enforcement Administrative enforcement Border or other administrative enforcement measures
Are there any peculiarities not mentioned above in the system of protection for trademarks in your country of which it is important for clients to be aware?	None identified.

Trademarks

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What is the system for trademark protection in your country?

The system for trademark protection in the Czech Republic includes:

Registration
Common law - Unregistered trademarks may be protected by way of unfair competition.

To which international treaties does your country belong?

The Czech Republic belongs to the following international treaties:

Paris Convention
Madrid Agreement
Madrid Protocol
Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks
Lisbon Agreement for the Protection of Appellations of Origin and their International Registration
Nairobi Treaty on the Protection of the Olympic Symbol
Trademark Law Treaty ("TLT")
Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods

What are the benefits of registering a trademark in your country?

The benefits of registering a trademark in the Czech Republic include:

It entitles the proprietor to bring an infringement action

Is it possible to obtain registration for the following types of marks under the registration system in your country?

Service marks

Defensive marks

Collective marks

Yes. A collective trademark shall be a trademark that is described as such when the trademark is applied for and is capable of distinguishing the goods and services of the members or shareholders of a legal entity from those of other persons. An application for registration of a collective trademark may be filed by a legal entity, in particular, an association of manufacturers, producers, suppliers of services, and traders which, under the terms of the law organizing them, have legal capacity and personality, as well as by legal entities governed by public law. An application for registration of a collective trademark shall be accompanied by an agreement governing the use of the collective trademark, specifying at least the persons authorized to use the collective trademark, the conditions of membership in a legal entity, and the conditions of use of the collective trademark, including sanctions. The members or shareholders of the proprietor of a collective trademark entered in the Register of Trademarks shall have the exclusive right to use the collective trademark in relation to the goods or services covered by the collective trademark.

Certification marks

Yes. A certification trademark shall be a trademark which is described as such when the trademark is applied for and is capable of distinguishing the goods or services, certified by the proprietor of that trademark for material, mode of manufacture of goods or performance of services, quality, accuracy or other characteristics, from the goods or services which are not so certified. Any person competent to certify the products or services for which a certification trademark is applied may apply for the certification trademark provided that such person does not carry on a business involving the supply of goods or services of the kind certified.

Well-known marks

Yes. A well-known trademark shall be a trademark that is legally protected since it is widely known to the pertinent general public and enjoys a relatively high reputation. The legal protection is, therefore, derived from the reputation and popularity of a well-known trademark (not because it was properly registered in the Register of Trademarks). The pertinent general public consists of relevant consumers, i.e. consumers to whom the goods or services bearing the well-known trademark are addressed.

Series marks

No.

Marks in a different language or characters other than Roman characters

Yes. In case of a word trademark, only Latin alphanumeric characters without diacritics (a-Z), Arabic numerals (0-9), Roman numerals and the following characters ë ö ä ü ° ! @ # % & * ( ) ? . , ; : + -/ _ = § Ä› š Ä Å™ Å¾ ý á í é Å¯ ú Å¥ Ä Åˆ $ " ' are permitted. Trademarks in different languages which use other than Roman characters are supposed to be registered as figurative trademarks.

Non-traditional marks: Sound marks

Yes. A sound trademark consisting exclusively of a sound or a combination of sounds shall be represented by submitting an audio file reproducing the sound or by an accurate representation of the sound in musical notation.

Non-traditional marks: Smell marks

Yes. Generally, this type of trademarks is possible; it shall be represented in any appropriate form utilizing generally available technology if such a form may be clearly, precisely, separately, easily, comprehensibly, durably, and objectively represented in the Register of Trademarks for the competent authorities and the public to be able to clearly and precisely determine the subject of protection granted to the trademark proprietor. The representation may be accompanied by a description. In general, such trademarks are very difficult to obtain.

Non-traditional marks: Position marks

Yes. A position trademark consisting of a specific way in which the mark is placed or affixed to the goods shall be represented by submitting a reproduction appropriately identifying the position of the trademark and its size or proportions with respect to the relevant goods. The elements which do not form part of the subject matter of the registration shall be visually disclaimed preferably by broken or dotted lines. The representation may be accompanied by a description detailing how the sign is affixed to the goods.

Non-traditional marks: Color marks (i.e. registration of a single color or a combination of colors, e.g. Cadbury's purple color)

Yes. A color trademark consisting exclusively of a single color without contours or exclusively of a color combination without contours, shall be represented by submitting: (a) a reproduction of the color and an identification of that color by reference to a generally recognized color code; or (b) a reproduction that shows the systematic arrangement of the color combination in a uniform and predetermined manner and an indication of those colors by reference to a generally recognized color code; a description detailing the systematic arrangement of the colors may also be attached.

Non-traditional marks: Shape or three-dimensional marks

Yes. A three-dimensional (shape) trademark, consisting of, or extending to, a three-dimensional shape including containers, packaging, the product itself or their appearance, shall be represented by submitting either a graphic reproduction of the shape, including computer-generated imaging, or photographic reproduction. The graphic or photographic reproduction may contain different views.

What are the documents and information required for filing a trademark application in your country?

Documents and information required to file a trademark application in the Czech Republic include:

Name and address of the applicant
Representation of the trademark
Goods and services and the class(es) for which the trademark is to be registered
Power of Attorney
Other: If the applicant claims the right of priority under the Paris Convention, the date of the trademark application from which the applicant infers the right of priority, as well as the country in which that trademark application was filed, are supposed to be specified in the trademark application. If the right of priority based on several trademark applications is claimed, the applicant shall specify (in relation to each product or service) the trademark application from which the applicant infers the right of priority. The applicant shall also specify the type of the trademark covered by the trademark application [e.g. word trademark, figurative trademark, color trademark, three-dimensional (shape) trademark, position trademark, etc.]. If relevant, the applicant shall specify, whether the trademark application concerns a collective trademark or a certification trademark. The technical requirements for the representation of the sign to be registered in electronic form are supposed to be published by the Czech Industrial Property Office on its website. If the sign applied for is not represented in electronic form, the applicant shall submit the A8 to A4 size graphical representation capable of reproducing the trademark clearly in all details and with all features or colors.

Are multi-class applications permitted in your country?

Yes, multi-class applications are permitted in the Czech Republic. Czech law allows applicants to file a single trademark application covering goods and/or services spanning multiple classes. The number of classes is not limited. The Czech Industrial Property Office, however, charges a separate filing fee for each class of any goods or services exceeding three classes.

Is there substantive examination of trademarks?

Yes, there is substantive examination of trademarks in the Czech Republic on the following grounds:

Substantive grounds

What are the absolute grounds for refusal?

Absolute grounds for refusal of a trademark in the Czech Republic include:

Mark has direct reference to the character or quality of the goods or services
Mark is not distinctive
Other: (a) a mark which cannot constitute a trademark which may consist of any signs, in particular, words, including personal names, colors, designs, letters, numerals, the shape of goods or the packaging of goods, or sounds, provided that such signs are capable of (i) distinguishing the goods or services of one undertaking from those of another; and (ii) being represented in the Register of Trademarks in a manner which enables the competent authorities and the public to determine the clear and precise subject matter of the protection afforded to its proprietor; (b) a mark which consists exclusively of signs or indications which may serve, in trade, to designate the kind, quality, quantity, intended purpose, value, geographical origin or the time of production of goods or of rendering of services, or other characteristics of goods or services; (c) a mark which consists exclusively of signs or indications which have become customary in the current language or in bona fide and established practices of the trade; (d) a mark which consists exclusively of the shape, or another characteristic, which results from the nature of the goods themselves, or which is necessary to obtain a technical result, or which gives substantial value to the goods; (e) a mark which is contrary to public order or accepted principles of morality; (f) a mark which is of such a nature as to deceive the public, for instance, as to the nature, quality or geographical origin of the goods or services; (g) a mark which consists of, or reproduces in its essential elements, an earlier plant variety denomination registered in accordance with the Czech Republic and European Union legislation, or international agreements to which the Czech Republic or the European Union is a party, providing protection for plant variety rights, and which are in respect of plant varieties of the same or closely related species; (h) a mark which contains signs which are protected pursuant to Article 6ter of the Paris Convention and the registration of which has not been authorized by the competent authorities; (i) a mark which contains badges, emblems and escutcheons other than those mentioned in Article 6ter of the Paris Convention, if their use is subject to public interest, unless the consent of the competent authority to their registration has been given; (j) a mark which contains a sign of high symbolic value, in particular a religious symbol; and (k) a mark the use of which is contrary to the Czech Republic or the European Union legislation or contrary to the obligations ensuing for the Czech Republic from international agreements to which the Czech Republic or the European Union is party, in particular those providing protection for designations of origin and geographical indications, traditional terms for wine, and traditional specialities guaranteed.

What are the relative grounds for refusal?

Relative grounds for refusal of a trademark in the Czech Republic include:

There is a prior application for registration or registration for an identical or confusingly similar mark in relation to the same goods or services as the subject mark
There is a prior application for registration or registration for an identical or confusingly similar mark in relation to similar goods or services (although in a different class) as the subject mark
Other: (a) there is the earlier trademark which is identical to the mark applied for and which is protected for goods or services identical to those for which the mark applied for shall be registered;(b) there is the earlier trademark which is identical or similar to the mark applied for and which is protected for goods or services identical or similar to those for which the mark applied for, and, therefore, there exists a likelihood of confusion between the earlier trademark and the mark applied for on the part of the public; the likelihood of confusion includes the likelihood of association with the earlier trademark; (c) there is the earlier trademark which is identical or similar to the mark applied for, irrespective of whether the goods or services for which it is applied are identical with, similar to or not similar to those for which the earlier trademark is registered, where the earlier trademark has a reputation in the Czech Republic and, in the case of a European Union trademark, has a reputation in the European Union and the use of the mark applied for without due cause would take unfair advantage of, or be detrimental to, the distinctive character or the repute of the earlier trade mark; (d) the trademark application has been filed by the trademark proprietor’s representative in his/her own name and without the proprietor’s consent, unless the representative justifies his/her action; (e) there is a likelihood of confusion on the part of the public because of the identity or similarity of the mark applied for to the non-registered trademark or other sign used in the course of trade, and because of the identity or similarity of goods or services covered by the non-registered trademark (or another sign used in the course of trade) and the mark applied for; the likelihood of confusion includes likelihood of association; (f) personal rights, in particular, right to a name, right of personal portrayal, and right to protection of personal expressions, may be infringed on by the mark applied for; (g) an author’s work protected by copyright may be infringed on by the use of the mark applied for; or (h) there is the earlier right in other industrial property which may be infringed on by the use of the mark applied for.

What is the time period from application to registration for a straightforward trademark application in your country?

The time period from application to registration in the Czech Republic is between 6-12 months.

Is late renewal of a trademark registration permissible in your country?

Yes, late renewal of trademark registration is permissible in the Czech Republic. The request for renewal of the trademark registration may be filed at the latest within a further period of 6 months following the expiry of the trademark registration. The applicant must pay an administrative fee of (1) CZK 5,000 (approx. EUR 185, the exchange rate of ÄŒNB as of October 8, 2020, 14:30) for renewal of the registration of an individual trademark, or (2) CZK 10,000 (approx. EUR 370, the exchange rate of ÄŒNB as of October 8, 2020, 14:30) for renewal of the registration of a collective and certification trademark.

Does evidence of use need to be submitted to the trademark office at any time in order to maintain an application for registration or a registration of a trademark in your country?

Yes, evidence of use needs to be submitted to the trademark office in order to maintain an application for registration or registration of a trademark in the Czech Republic.

SITUATION A

The Czech Industrial Property Office shall revoke the trademark in the proceedings initiated upon an application filed by a third party if within a continuous period of five years prior to the application for revocation, the trademark has not been put to genuine use in connection with goods or services in respect of which it is registered, and there are no proper reasons for non-use. In this case, the Czech Industrial Property Office shall communicate the application for trademark revocation to the proprietor of a trademark and shall set a time limit for the proprietor to file observations to the application and to submit proof of genuine use. If the evidence of genuine use of a trademark is submitted in paper form, it shall be submitted in two copies.

SITUATION B

If on the date of filing of the application for a declaration of trademark invalidity (due to the grounds for opposition to the registration of a trademark), an earlier trademark has been registered for at least five years, the applicant shall furnish proof, upon request of the proprietor of the later trademark, that, during the five years period preceding the date of filing of the application for a declaration of invalidity, the earlier trademark has been put to genuine use in connection with the goods or services for which it is registered and on which the application for a declaration of invalidity is based, or that there are proper reasons for non-use. If the evidence of genuine use is submitted in paper form, it shall be submitted in two copies.

SITUATION C

If on the date of bringing the action for the prohibition of the use of trademark, the trademark has been registered for at least five years, the proprietor of the trademark shall furnish proof (at the request of the defendant) that, during the five years period preceding the date of bringing the action, the trademark has been put to genuine use in connection with goods or services in respect of which it is registered and which are cited as justification for the action or that there are proper reasons for non-use.

SITUATION D

If the earlier trademark has been registered at least five years preceding to the date of filing or the date of priority of the application, at the request of the applicant the opponent shall furnish proof that, during the five years period preceding the date of filing or the date of priority of the application, an earlier trademark has been put to genuine use in connection with goods or services in respect of which it is registered and on which the opposition is based, or that there are proper reasons for non-use. If the evidence of genuine use is submitted in paper form, it shall be submitted in two copies.

Are trademark licensees required to record themselves with the Registrar?

No, trademark licensees are not required to record themselves with the Registrar, however, it is recommended. Without registration, the license is not effective vis-a-vis third parties.

What are the available enforcement methods in your country?

Available enforcement methods in the Czech Republic include:

Civil enforcement
- Infringement action
Criminal enforcement
Administrative enforcement
Border or other administrative enforcement measures

Are there any peculiarities not mentioned above in the system of protection for trademarks in your country of which it is important for clients to be aware?

None identified.

Trademarks

Czech Republic

Trademarks

Czech Republic

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