Act No. 174 / 1988 Coll.
Trade mark law
Valid
Effective from 01.01.1989
174
THE LAW
of 8 November 1988
on trade marks
The Federal Assembly of the Czechoslovak Socialist Republic decided on this law:
Basic provisions
This law regulates the relations arising from the registration, registration and social application of trade marks. Its purpose is to ensure effective legal protection of trade marks and their use and to strengthen the impact of trade marks on the responsibility of manufacturers and service providers for the quality of their products and services.
A trade mark is a word, image, spatial or combined sign which is capable of distinguishing goods or services from different manufacturers or service providers and which is entered in the register of trade marks (the register).
(1) The trade mark may not be:
(a) a mere name, representation or other indication of the type of goods or services;
(b) an official or generally known geographical indication;
(c) misleading or false indications,
(d) a designation identical to the trade mark (Paragraph 18) registered for another legal or natural person;
(e) a sign identical to a trade mark registered for another legal or natural person for goods or services of the same kind;
(f) a designation identical to that of a protected plant variety or a protected animal breed;
(g) a designation the use of which would be contrary to the interests of the company;
(h) a designation the use of which would be contrary to the obligations arising for the Czechoslovak Socialist Republic from international agreements on the protection of the labelling of goods or services or from the membership of the Czechoslovak Socialist Republic in international organisations.
(2) A trade mark may also not be a sign containing the elements referred to in paragraph 1 (c) to (h).
The following shall be excluded from registration:
(a) a sign which does not have a distinctive character or which consists mainly of descriptive information, unless the legal or natural person who has submitted a trade mark application or to which the trade mark application has been transferred proves that such a sign has become characteristic of its goods or services;
(b) an indication containing the official names of the States, of the administrative departments, of the characteristics of the State sovereignty or of the features, of the coat of arms, of the flag, of the names and abbreviations of the names of the international intergovernmental organisations to which protection has been granted in the territory of the Czechoslovak Socialist Republic, or of their imitation, unless the legal or natural person who has filed the trade mark application or to which the trade mark application has been transferred proves by written permission of the authority or organisation which is entitled to possess the mark,
(c) an indication containing official, trial, guarantee, punch or traffic marks, names and abbreviations of the names of measuring and cash units or their imitation, unless the legal or natural person who has filed the trade mark application or to whom the trade mark application has been transferred proves by written permission of the authority or organisation entitled to dispose of the mark;
(d) a sign containing the name, name, surname or representation of the person different from the applicant, unless the legal or natural person who has submitted the trade mark application or to whom the trade mark application has been transferred proves by written permission to whom the right to protect the name, name, surname or representation of the person concerned is due;
(e) a designation containing particulars identical or interchangeable to the registered designation of origin, unless it is registered by a registered user of such a designation of origin and contains an additional indication capable of distinguishing them from the registered designation of origin.
The registration shall exclude, for goods or services of the same kind, for a period of two years, a mark which is identical to a trade mark for which the right has expired pursuant to Paragraph 22 (a) to (c), unless a legal or natural person for whom the trade mark was registered at the time of the termination of the right has requested the registration of such a sign; the period begins to run from the date on which the right to the trade mark expires.
Protection under this Act shall not apply to data which are provided for in specific legislation for the labelling of goods or services and which, for that reason, contain the registered mark or mark.
(1) Trademarks are individual or collective.
(2) The individual trade mark is used to designate the goods or services of a legal or natural person for which it is registered.
(3) The collective mark is used to designate products or services of legal or natural persons which are economically, organically or legally linked to a particular economic activity. Their rights and obligations shall be laid down in a written contract on the application and use of the collective mark, which shall be annexed to the application for a collective mark. The agreement of the Office for inventions and discoveries (hereinafter referred to as the Office) shall be required to amend the contract; otherwise the change of contract is invalid.
(4) A collective trade mark may be used only together with an individual trade mark, or, where there is no individual trade mark, with the full name of the legal person or with the name and surname of the natural person, in such a way as to make clear the origin of the goods or services so designated.
Procedure for registration of a trade mark
(1) The application for registration of a trade mark may be filed with the Office by a legal or natural person who carries out an authorised economic activity for goods or services which are the subject of its activity (hereinafter referred to as the applicant).
(2) The applicant may transfer the trade mark application in the course of a trade mark application procedure, with the agreement of the Office, to another legal or natural person who meets the requirements referred to in paragraph 1, for all or part of the goods or services applied for.
(3) The right to a trade mark is conferred on the applicant from the date of registration of the trade mark. From that date, the applicant shall become the proprietor of the trade mark.
(4) The application for a collective mark shall be submitted by one or more legal or natural persons authorised under the contract referred to in Article 7 (3). Where more than one legal or natural person has applied for a collective mark, they shall become the proprietor of the collective mark from the date of its registration.
Legal or natural persons having their registered office or residence in the territory of the Czechoslovak Socialist Republic (hereinafter referred to as "Czechoslovak legal or natural persons') may apply for a trade mark abroad only after filing a trade mark application in the Czechoslovak Socialist Republic.
(1) The applicant shall have the right of priority before any person who subsequently submits an application for an identical or interchangeable trade mark for goods or services of the same kind.
(2) The right of priority arises when the trade mark application is issued to the Office.
(3) The right of priority granted under international agreements shall be exercised by the applicant already in the trade mark application and demonstrated within three months of its submission, otherwise the Office shall disregard it.
(1) Amendments to the trade mark applied for or the extension of the list of goods or services for which the trade mark is registered are not permitted; This does not preclude the applicant from submitting a new trade mark application.
(2) The Office shall authorise an exemption from the provisions of paragraph 1, at the request of the applicant, where the change concerns his name and / or his last name or registered office or residence, which the trade mark contains, if it proves that the change has been made and where the change to the trade mark brings the information contained therein into line with the facts and does not affect the overall nature of the trade mark.
(1) The application for a trade mark and the trade mark applied for shall be submitted by the Office of Survey.
(2) If the trade mark application does not comply with the requirements laid down in this Law or in the Implementing Regulation, the Office shall invite the applicant to remedy the deficiencies within a reasonable period of time. If the applicant does not remedy the deficiencies within the time limit set, the Office shall suspend the proceedings.
(3) If the trade mark applied for does not comply with the conditions of registration laid down in this Law, the Office shall reject the trade mark application.
(4) If the particulars of the application provided for in this Act and the implementing regulation and the conditions for registration laid down in this Act are fulfilled, the Office shall register the trade mark and issue the registration to the holder of the certificate.
Protection period and renewal of registration
(1) The period of protection of the registered trade mark shall be ten years and shall begin to run from the date on which the trade mark application was received by the Office.
(2) At the request of the proprietor of the trade mark submitted to the Office, the registration may be renewed for a further period of 10 years.
(3) An application for renewal may be lodged not earlier than the last year of the protection period and not later than six months after the expiry of the registration.
(4) The next protective period shall start running from the end of the last protective period.
(1) On renewal of registration or during the period of protection, changes to the trade mark or the extension of the list of goods or services for which the trade mark is registered shall not be permitted.
(2) The Office shall authorise an exemption from the provisions of paragraph 1 at the request of the proprietor of the trade mark if the change concerns the name or the name and / or the registered name or registered address of the trade mark which it contains, if it proves that the change in the trade mark has been modified and if the change in the trade mark brings the information contained therein into line with the fact and does not affect the overall character of the trade mark.
Rights of the proprietor of the trade mark
(1) The proprietor of a trade mark has the exclusive right to mark or use, in conjunction with such goods or services, the goods or services for which he is registered.
(2) Without the consent of the proprietor, no one may use or use his trade mark or mark identical or interchangeable to the goods or services of the same type for which he is registered. In the case of famous trade marks (Paragraph 18), this provision applies regardless of the type of goods or services.
(3) The proprietor of the trade mark may request that infringement of his rights be prohibited, the defective situation removed and the damage replaced.
(4) Customs office shall, at the request of the proprietor of the trade mark, not release the products if their marking infringes the rights of the proprietor of the trade mark provided for by this law. The proprietor of the trade mark shall establish his rights by means of an extract from the register.
(5) Disputes arising from trade mark relations are dealt with and decided by courts or economic arbitrage under their jurisdiction, with the exception of disputes under this law which are discussed and decided by the Office (§ 23).
(6) Czechoslovak legal or natural persons may, before bringing an application for legal proceedings before a court or economic arbitrage, discuss a dispute with the Office (§ 29).
(1) The proprietor of a trade mark may transfer his right to the trade mark in whole or in part by written contract to a legal or natural person who is eligible under Article 8 to be the proprietor of the trade mark.
(2) The agreement of the Office is needed to conclude a contract for the transfer of the right to trade mark.
(3) The transfer of the right to trade mark shall take effect on the territory of the Czechoslovak Socialist Republic from the date of registration; Such registration shall be requested by the Office by the transferee of the trade mark right.
(4) The right to a trade mark may not be transferred to a legal or natural person whose object of activity does not cover the scope of the list of goods or services or parts thereof for which the trade mark is registered or where the right to misleading consumers could be transferred. In such cases, the Office shall reject the application for registration of the transfer of the right to trade mark.
(5) The right to a trade mark is transferred to a new proprietor in cases provided for in specific legislation. The right to a trade mark may not be transferred in the cases referred to in paragraph 4.
(1) The proprietor of a trade mark may grant the right to use his trade mark by a written contract (hereinafter referred to as "licence contract") to a legal or natural person who is eligible under Paragraph 8 to be the proprietor of the trade mark.
(2) The agreement of the Office is necessary to conclude or amend a trade mark licence agreement.
(3) The licence contract will take effect on the date of registration; Such registration shall be sought by the Office by the proprietor of the trade mark.
(4) A licence contract may not be concluded with a legal or natural person whose object of activity does not cover the scope of the list of goods or services or parts thereof for which the trade mark is registered, or in cases where the conclusion of a licence contract could lead to misleading consumers. In such cases, the Office shall reject the application for registration of the licence contract.
(1) A trade mark which has become widely or long-term use for high-quality products or services in the Czechoslovak Socialist Republic, and which has become widely known and characteristic of its owner and its products or services, will declare the Office famous.
(2) The Office shall, at the request of the proprietor of the trade mark, decide on the declaration of the trade mark as well as on the evidence of the reputation of the trade mark.
(3) If the Office finds that the trade mark already known no longer complies with the conditions laid down in paragraph 1, it shall revoke the decision on its declaration as well; the decision of revocation shall have effect from the date of the acquisition of legal authority.
Obligations of the proprietor
(1) The proprietor of the trade mark and his contractual user are required to use the trade mark in the form in which it is registered. Use is meant, in particular, use on products and packaging or on commercial paper, advertising and advertising materials.
(2) A contract user of a trade mark shall be a legal or natural person entitled to use the trade mark pursuant to Article 7 (3) or Article 17 (1).
(3) The proprietor of the trade mark and his contractual user are required to keep evidence of his use during the period of protection.
(1) The proprietor of the trade mark must request the Office to register a change to its name and registered office or the name, surname and residence in the register no later than six months after the date on which the change took place.
(2) The proprietor of the trade mark shall notify the Office of any change to the subject matter of the trade mark activity no later than six months after the date on which the change took place.
(3) The proprietor of a trade mark who has his registered office or residence in the territory of the Czechoslovak Socialist Republic is obliged to notify the Office of the entries, changes, renewal and termination of rights to his trade mark abroad and disputes arising from trade mark relations no later than six months after the date on which the event occurred.
Czechoslovak legal and natural persons shall seek the approval of the Office:
(a) to change the name of the legal person making up the trade mark or containing the trade mark;
(b) to conclude or amend a trade mark licence contract registered abroad;
(c) the conclusion or amendment of an application and use of a collective mark registered abroad;
(d) to waive registration of a trade mark abroad;
(e) the transfer of the right to trade mark registered abroad.
Termination of the right to trade mark
The right to a trade mark shall cease:
(a) the expiry of the period of protection, unless registration of the trade mark is renewed (Paragraph 13 (3));
(b) the loss of legal personality of the proprietor of the trade mark, unless the right to the trade mark has been transferred or transferred to the new proprietor;
(c) a declaration by the proprietor of the trade mark that he renounces his right; the right expires on the date on which the declaration reaches the Office;
(d) a decision to remove the trade mark from the register.
(1) The Office shall remove the trade mark from the Register if it finds, on its own initiative or on a proposal from a third party, that:
(a) has been registered in contravention of the provisions of this Act; the trade mark shall be deemed not to have been registered at all;
(b) has not been used in the Czechoslovak Socialist Republic for a period of five years prior to the initiation of the procedure for erasure and the proprietor of the trade mark has not properly justified its use; the use of the trade mark by the contracting user is considered to be the use of the trade mark by the proprietor.
(2) The Office shall remove an interchangeable trade mark from the Register if it finds in a procedure initiated on the application of the proprietor of the trade mark previously applied for that trade mark that the trade mark is registered for goods or services of the same kind and no more than five years have elapsed since the registration of the trade mark.
(3) The Office shall remove the trade mark from the Register if, in a procedure initiated on the application of the proprietor of a previously registered trade mark, it finds that the trade mark under appeal is interchangeable with that famous trade mark, it has been entered after a declaration that the trade mark is known and has not been registered for more than five years.
(4) The Office shall remove the trade mark from the Register if it finds that the right to trade mark has been transferred which is inadmissible pursuant to Article 16 (4).
Fines
(1) The Office may impose a fine on a legal or natural person if:
(a) it does not use a collective trade mark together with an individual trade mark or, where appropriate, with the full name of the legal person or with the name and surname of the natural person (§ 7 (4));
b) submit an application for a trade mark abroad before filing an application in the Czechoslovak Socialist Republic (§ 9),
(c) fails to comply with the obligations laid down in Paragraph 20;
(d) carry out the acts referred to in Section 21 without the consent of the Office.
(2) The fine may be imposed on a legal person up to 100 000 CZK and on a natural person up to 10 000 CZK. In fixing the amount of the fine, account shall be taken, in particular, of the seriousness, the manner, duration and consequences of the infringement, the circumstances and reasons which led to the infringement of the obligation imposed and the level of fault.
(3) The fine may be imposed within one year of the date on which the Office became aware of the infringement, but no later than three years after the infringement occurred.
(4) The fine imposed shall be payable within one month of the date on which the decision to impose it became final and shall be paid into the account of the financial administration concerned.
(5) The proceeds of the fines are entered in the federal budget.
Provisions common, transitional and final
The Office shall keep a register and publish a Bulletin in which it publishes the registration and renewal of trade marks and the fortifications of rights to trade marks, the declaration of the trade mark as well as other relevant facts relating to trade marks.
Central authorities and national committees are required to ensure that Czechoslovak legal persons falling within their field of competence maintain the rights of such legal persons to trade marks, in particular in the context of organisational changes.
(1) The provisions of international treaties binding on the Czechoslovak Socialist Republic remain unaffected.
(2) Trademarks which do not have their registered office or residence in the territory of a State which is a member of an international trade mark contract to which the Czechoslovak Socialist Republic is bound shall have the same rights and obligations under reciprocal conditions as trade mark owners who have their registered office or residence in the territory of the Czechoslovak Socialist Republic.
(3) Applicants and trade mark holders who do not have their registered office or residence in the territory of the Czechoslovak Socialist Republic must be represented in proceedings before the Office by an organisation or a member of an organisation authorised to do so.
(1) Save as otherwise provided in this Act, the general rules on administrative procedures apply to proceedings before the Office, with the exception of the provisions of Sections 29, 39, 49 and 50 of Act No 71 / 1967 Coll., on administrative proceedings (Administrative Regulations).
(2) Any submission to the Office shall be made in writing and may cover only one trade mark. The Office may order the parties to submit a certified translation of applications, proposals and documents within the time limit provided that they are presented in a language other than the Czech or Slovak language.
(3) In the proceedings before the Office, the time-limit may not be waived when proving the priority and the application for renewal of the registration of a trade mark.
(4) Rights acquired in good faith between the missing period and its remission remain unaffected.
(1) Disputes arising from trade mark relations between the owners or, where appropriate, the contractual users of trade marks or foreign trade undertakings having their registered office or residence in the territory of the Czechoslovak Socialist Republic, resulting from registration, maintenance of registration, transfer, licensing and infringement of the right to trade mark in the Czechoslovak Socialist Republic or abroad, shall be discussed with the Office. The Office will recommend a friendly solution.
(2) During the hearing neither the limitation period nor the time limit for the termination of rights, except for the time limits referred to in Paragraph 13 (3), shall run.
The Authority shall adapt the general binding legislation:
(a) details of the procedure for registration, transfer of the application, renewal of registration of the trade mark, change in the trade mark or change in its proprietor, licence agreement, transfer, termination of the right to trade mark, particulars and forms of filing for the trade mark application, application for renewal of registration and application for registration of the transfer of the right to trade mark;
(b) the facts to be entered in the Register, the certificate of registration of the trade mark and published in the Bulletin of the Office;
(c) particulars of the request for an extract from the register;
(d) the particulars of the application and use of the collective mark;
(e) details of the procedure for the declaration of the trade mark as well as the particulars of the declaration;
(f) the procedure for dealing with trade mark disputes with the Office pursuant to Article 29.
(1) The procedure for trade marks which have not yet been definitively terminated before the entry into force of this law shall be completed under this law.
(2) Relations with trade marks registered before the entry into force of this Law are governed, unless otherwise specified, by the provisions of this Law.
(3) The right of the proprietor of the trade mark and the holder of an unregistered mark to request the removal of the trade mark from the register pursuant to Article 12 of Act No. 8 / 1952 Coll., on Trade Marks and Protected Designs, may still be invoked for two years after the entry into force of this law.
They shall be deleted:
1. Act No. 8 / 1952 Coll., on Trade Marks and Protected Designs, as amended by Decree No. 48 / 1953 Coll. and Act No. 84 / 1972 Coll.,
2. order of the Minister - President of the State Office of Planning No. 15 / 1952 Coll., to implement Act No. 8 / 1952 Coll., on Trade Marks and Protected Designs, as amended by Decree No. 48 / 1953 Coll. and Act No. 84 / 1972 Coll.
This Act shall take effect on 1 January 1989.
Husák v. r.
Indra v. r.
Adamec v. r.
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Regulation Information
| Citation | Act No. 174 / 1988 Coll., on Trade Marks |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 14.11.1988 |
|---|---|
| Effective from | 01.01.1989 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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