Trademark Registration

In the Czech Republic, trademark registration is mandatory to be granted rights over a trademark, as it is a “first to file” jurisdiction. Only in some exceptional cases can an unregistered trademark be protected. The trademark applications must be filed with the Industrial Property Office of the Czech Republic (UPV).

The Czech Republic is also a member of the European Union, therefore trademark protection can also be obtained by registering a European Union Trademarks (EUTM), and a member state to the Madrid Protocol, which means that the extension of an international registration of a trademark via the Madrid System is possible for this country.

If you register a combined trademark (which includes both word elements and figurative elements) in the Czech Republic, the exclusive right to use the trademark is limited to a use of the trademark in the exact configuration or way in which it was filed and registered. If you wish to use the word element of your trademark separately from the logo (or vice versa), it is recommended you register for another trademark including only the word or figurative elements you wish to use and protect separately.

Registered trademarks in the Czech Republic have an initial validity of ten (10) years from the application date and can then be renewed indefinitely for successive periods of ten years. The trademark renewal can be requested as early as twelve (12) months before the expiration date, or during the grace period of six (6) months that follows it upon payment of late renewal fees. Multiple-class trademark applications are possible in the Czech Republic.

Minimum filing requirements in the Czech Republic

1. Request to register the trademark in the Czech Republic, signed by the applicant.
2. List of goods and/or services according to the International Classification.
3. Representation of the trademark.
4. Filing fee (may be paid within one month from filing).

In the Czech Republic, a trademark can be registered in three ways:

1. According to national procedure.
2. According to regional procedure – an application is submitted for a single EU trademark.
3. According to international procedure.

The most popular and effective one is the national procedure for registration of trademark in the Czech Republic. Any legal or natural person has the right to apply to the Industrial Property Office (IPO) for trademark registration. Two-stage examination of trademark is conducted, namely:

1. Formal verification of the compliance of the application with the requirements of the law.
2. Substantive examination.

In accordance with the Law on trademarks adopted in 2003, trademark in the Czech Republic may include any designations represented in graphical form, namely: words (including personal names), letters, holograms, pictures, colors, figures, the image of the product or its packaging. Even sounds can designate trademark, but only those represented graphically in the form of notes.

After that, the application is published in the weekly edition of the Official Gazette of the Office. It should be noted that the period from the submission of the application to its publication can take from one week to one year. From the moment of publication, third parties have the right to file Our objections within three months.

If no objections have been filed during this time, information on the trademark is entered by the Office into the Register. The whole procedure for registering trademark in the Czech Republic usually takes 9-12 months.

Trademark Fees in the Czech Republic

1. Search prices: First class $100.00 – Each additional class $80.00. The price is for wordmarks only. If the trademark includes a figurative element (logo), an additional fee of 30 USD per class will apply.
2. Application prices: First class $640.00 – Each additional class $140.00. The price for the “First Class” includes 3 classes. The price for “additional class” applies starting with the 4th class.

For more information, please feel free to contact Neptune Fiduciaries at info@neptunecorporate.com or sales@neptunecorporate.com.