Regulation No 15 / 1952 Coll.
Order implementing Act No. 8 / 1952 Coll., on Trade Marks and Protected Designs
Valid
Effective from 01.04.1952
15.
Order of the Administration - President of the State Planning Office
of 15 April 1952
for the implementation of Act No. 8 / 1952 Coll., on Trade Marks and Protected Designs.
The Minister-President of the State Office planning in agreement with the participating members of the Government orders pursuant to § 38 of Act No. 8 / 1952 Coll., on Trade Marks and Protected Designs (hereinafter referred to as the Act):
Trademarks.
Trademark application.
(1) The application for a trade mark shall be submitted in writing to the Office for Inventions and Improving Ideas. The application shall state the name and address (name, surname and address) of the applicant, the subject matter of the business, the wording, following the description of the mark and the calculation of the products or goods (hereinafter referred to as the goods) for which the trade mark is to be registered.
(2) The application may contain only one trade mark.
(1) The application must be accompanied by:
(a) proof of the name of the undertaking and the subject of the business;
(b) a printing plate of a trade mark in the shape of a prism with dimensions of length and width between 15 and 100 mm and a printing height of 24 mm; in the case of the spatial marks of the plates of their surface view;
(c) 10 marks; if the trade mark is in colour, 2 marks and 10 colour copies of the mark; in the case of spatial marks, one original copy of the mark and 10 marks; if the trade mark is in colour, 2 marks and 10 surface colours;
(d) if the product calculation contains more than 10 data, six lists of products which have been checked.
(2) Where a trade mark is made up of words, letters or figures, no fingerprints or plates shall be required, unless the trade mark is intended to consist of words, letters or figures in a special version.
Where the applicant applies for registration of a trade mark on the basis of a registration abroad, he shall, instead of a document of the name of the undertaking and the subject of the business, attach a certificate of registration of the trade mark abroad, certified by the competent authority. The Office for Inventions and Improving Ideas may require the applicant to submit a certified translation of this certificate within a specified time limit.
(1) If the applicant exercises the right of priority in accordance with the provisions of international conventions, he must indicate in the application the time of the application from which he derives the right of priority and the country where the application has been lodged.
(2) Within three months of the filing of the application, the applicant must demonstrate his right of priority by confirming the application, the mark from which he derives the right of priority. The Office for Inventions and Improving Ideas may require the applicant to submit certified translations of this certificate within a specified time limit.
(3) The Office for Inventions and Improving Ideas shall not register the trade mark registered in accordance with paragraph 1 until the applicant has submitted the certificate referred to in Article 3.
If the trade mark application is deficient, the Office for Inventions and Improving Ideas shall invite the applicant to remedy the deficiencies within the prescribed period. If the applicant fails to comply with this call, the Office for Inventions and Improving Ideas shall reject the application.
Trademark registration.
(1) The Office for Inventions and Improving Ideas will submit a duly applied stamp of the survey as to whether it is eligible for registration (Section 2 of the Act).
(2) Where the Office for Inventions and Improving Ideas finds after a survey that the trade mark is eligible for registration, it shall register it, issue a certificate of registration to the applicant and notify its registration in the Register of Trade Marks and Protected Designs; or reject the application.
Where the Office for Inventions and Improving Ideas finds that the mark applied for, which is otherwise eligible for registration, is the same as the mark for products of the same type already registered or is interchangeable with it, it shall draw the applicant's attention to it and shall at the same time invite him to state whether he insists on the application within the prescribed time limit. If the applicant does not withdraw the application, the stamp will be registered.
(1) The registration of a trade mark shall include the serial number of the register, the time of the application and the date of registration, the text of the trade mark or its original copy, at the mark of the trade mark, the name and registered office (name, surname and address) of the applicant, the subject matter of the trade and the list of products for which the trade mark is registered.
(2) The original copies of the spatial marks are part of the register.
The trade mark certificate shall contain all the particulars contained in the registration. Upon request, the certificate shall also indicate changes to the register made at a later date.
Trademark transfer.
(1) A request for the transfer of a stamp and a request for consent to the transfer of a stamp (Section 9 (1) of the Act) shall be submitted in writing to the Office for Inventions and Improving Ideas.
(2) In the case of a transfer of a mark with an undertaking, it is necessary to demonstrate that the transfer of an undertaking has taken place.
(3) The application for approval of the transfer of the mark shall be accompanied by proof that the economic activity of the undertaking has been reorganised.
The Office for Inventions and Improving Ideas shall consent to the transfer of a trade mark where, as a result of a new organisation of the economic activity of an undertaking, in particular as a result of a change in production or commercial or organisational activity, the manufacture or sale of articles by a mark protected with an undertaking for which the trade mark is registered goes to another undertaking.
The transfer of a trade mark shall be entered in the Register of Trade Marks and shall be notified in the Register of Trade Marks and Designs.
The renewal of the mark.
(1) The renewal of the registration of a trade mark (Section 7 of the Act) is requested in writing from the Office of Inventions and Improving Ideas; the application must indicate the number of the register under which the mark is registered and the text, if any, following the description of the mark. If, when the registration is renewed, it is requested to extend the list of products with a protected mark or to limit the number of protected products (Sections 8 (2) and 8 (3) of the Act), six lists of products obtained by a survey should be added to the application.
(2) If the renewal of a mark registered on the basis of a foreign registration is requested (§ 3), the application for renewal must be accompanied by a certificate of duration issued by the competent authority of that country.
The renewal of the trade mark shall be registered and shall be notified in the Register of Trade Marks and Designs.
(2) If no replacement agreement is reached, it shall be decided by the Office for Inventions and Improving Ideas. The refund shall be paid by the person for whose application the compulsory licence has been authorised.
Common provisions.
Organization.
The Office for Inventions shall exercise its competence in trade mark matters under the law and this Regulation.
The Office of Inventions shall keep a register of trade marks.
Trade marks (Section 8), their transfers, the renewal of the registration of the trade mark, the termination of the trade mark, the application for the deletion of the trade mark and its deletion, the proposal for detection and other relevant facts and changes concerning the trade mark shall be entered in the Register of Trade Marks.
The entries concerning the protection samples entered in the existing register of protection samples shall continue to be held in the existing register.
(1) The Office of Inventions issues the Trade Marks Collection at periods and extent as appropriate.
(2) The registered trade marks and all relevant facts and changes concerning them shall be notified in the Register.
Driving.
The Office of Inventions shall proceed in such a way as to establish the facts of the case as effectively and quickly as possible in trade mark proceedings. All parties should be given the same opportunity to exercise their rights and to make their views known.
If it is not the representation of someone who does not have a residence or seat in the territory of the Czechoslovak Republic (Section 34 of the Act), any self-righteous and civil person may be a physical or legal person.
(1) The application for the erasure of a trade mark (Sections 12 and 29 of the Act) and the proposal for detection (Sections 13 and 31 of the Act) shall be submitted to the Office of Inventions in writing.
(2) Administration must include:
(a) the name and registered office (first name, last name, employment and residence) of the applicant and other participants, in the case of their agent or legal representative;
(b) a brief description of the facts and of the evidence relied on by the applicant;
(c) a proposal.
(3) The submission must be made in the necessary number of copies and with the necessary number of copies of the annexes.
(4) An application may cover only one trade mark.
(5) The application shall be noted in the register (note of dispute).
The Office of Inventions shall deliver a copy of the application together with copies of the annexes to the respondents, in the case of other participants, and invite them to submit written objections in the necessary number of copies within the time limit.
Rules on the calculation of time limits in trade marks shall apply to the calculation of time limits in court proceedings. The time limits set by the Office for Inventions may, where justified, be extended to a request submitted before the expiry of the period.
A complaint concerning trade marks shall be lodged with the Office of Inventions in writing within 30 days of the date on which the decision was served on the complainant. The Office of Inventions may comply with the complaint itself; otherwise it will be decided by the Patent Board at the State Office of Planning (§ § 63 et seq. of Act No. 6 / 1952 Coll., on inventions and improvements). The Office of Inventions will reject a late complaint.
Final provision.
This Regulation shall take effect on 1 April 1952.
Zaporocký v. r.
Ing. Púčik v. r.
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Regulation Information
| Citation | Regulation No. 15 / 1952 Coll., implementing Act No. 8 / 1952 Coll., on Trade Marks and Protected Designs |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 03.05.1952 |
|---|---|
| Effective from | 01.04.1952 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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