Decree of the Office of Inventions and Discoveries No. 187 / 1988 Coll.
Ordinance of the Office for Inventions and Disclosure of Trade Marks Proceedings
Valid
Effective from 01.01.1989
187
DECLARATION
Inventions and discoveries office
of 8 November 1988
on trade mark proceedings
The Office for inventions and discoveries provides, pursuant to Article 30 of Act No. 174 / 1988 Coll., on Trade Marks ("the Act '):
(1) The application for a trade mark shall be submitted to the Office for Inventions and Discoveries ("the Office ') in accordance with the model set out in Annex I to this Order.
(2) The Office shall indicate on the trade mark application the exact time of its submission (date, hour, minute) and enter it in the record.
The application for a trade mark shall contain:
(a) the name and address of the applicant;
(b) the text or representation of the trade mark applied for, and, where appropriate, its description, in the case of a spatial trade mark, and in the case of a trade mark which is registered in a non-Latin letter, a transcription thereof;
(c) an indication of whether the trade mark is registered in black and white or in colour,
(d) the precise definition of the goods or services for which the trade mark is to be registered;
(e) the name and registered office or the name, surname and address of the representative of the applicant (if he is represented) or the person authorised by the applicant to intervene before the Office;
(f) the signature or signatures of the applicant, the signature of his statutory representative in the case of a legal person, or, where appropriate, the signature of the applicant's representative, if he is represented.
(1) The application for a trade mark shall be accompanied by:
(a) an officially certified document of the name and address or name, surname and address of the applicant and of the subject of his activity;
(b) two photographs and 10 photocopies of the trade mark or its printing plate and 10 printing plates, the photographs, photocopies, plates and prints of which shall be of a minimum size of 15 mm, a maximum of 60 mm, and shall be able to clearly reproduce the trade mark in all details;
(c) for trade marks in colour, two black and white photographs and 10 colour photocopies of the trade mark,
(d) in the case of trade marks other than the particulars referred to in (b), and the copies thereof;
(e) the power of attorney of the applicant, if the applicant is represented,
(f) six legible copies of the lists of products and services, where this list contains more than 10 data.
(2) If a word mark is applied, which does not have a special graphic design, photographs, photocopies or plates and fingerprints shall not be attached.
Where the applicant requests registration of a trade mark on the basis of registration abroad, he shall attach a certificate of registration of the trade mark abroad, endorsed by the competent registration office, instead of an officially certified document of the name and registered office or the name, surname and address and the subject matter of his activity.
(1) Where the applicant exercises the right of priority granted under international agreements, he shall indicate in the trade mark application the date of filing of the application from which he derives the right of priority and the State in which the application has been lodged, and shall provide evidence thereof by evidence certified by the competent registration office.
(2) The right of priority can only be exercised in the application from one previous application.
The application for a trade mark containing information identical or interchangeable to the registered designation of origin [Section 4 (e) of the Act] shall be accompanied by an extract from the register of designations of origin.
The contract for the application and use of the collective mark shall include:
(a) the name and registered office or the name, surname and address and the subject matter of the activity of the applicant or applicants for a collective mark who, after registration, become its owners;
(b) the name and registered office or the name, surname and address and the subject matter of the activities of the contracting users;
(c) the definition of the mutual rights and obligations of individual legal or natural persons authorised, in particular who will represent others in collective mark matters, how legal or natural persons entitled to take decisions on the use of a collective mark and how any disputes between them will be resolved, who will bear the costs of registration, maintenance and any disputes concerning the collective mark against third parties;
(d) provisions on how the collective mark will be used by individual authorised legal or natural persons in order to make it clear the origin of the goods or services, to what extent, in particular whether, for all the goods and services listed in the list, or only for some of them, in which States and how the use of the collective mark will be terminated, including the settlement of mutual obligations upon its termination.
The characterisation of a designation which does not have a distinctive character or which consists mainly of descriptive data [Paragraph 4 (a) of the Act] can be demonstrated by dated documents. Documents (orders, delivery notes, invoices, etc.) referring to the use of such marking directly on products or services must be dated at least one year before the application for a trade mark, for other documents (promotional and advertising materials) referring to the use on products or services indirectly, at least two years before the application for a trade mark.
(1) The registration of a trade mark in the Register of Trade Marks (hereinafter referred to as the Register) shall include:
(a) the trade mark number;
(b) the exact timing of the submission of the trade mark application to the Office;
(c) the date of priority;
(d) the date of registration;
(e) the file mark,
(f) the text or representation of the trade mark applied for, where appropriate, its description, a transcription in the case of the space mark and a trade mark which is registered in a non-Latin letter;
(g) the name and address of the proprietor of the trade mark;
(h) the list of the goods or services for which the trade mark is registered and their classification according to the International Three-way Trade and Services;
(i) a record of the application and use of the collective mark;
(j) the date of renewal of the trade mark;
(k) the transfer of the right to the trade mark;
(l) the trade mark licence contract;
(m) foreign registration of the trade mark;
(n) a declaration of the trade mark being known;
(o) the name and registered office or the name, surname and address of the representative of the proprietor of the trade mark, if the proprietor is represented;
(p) the removal of the right to trade mark;
(r) documentation.
(2) Amendments to the data referred to in points (f) to (i) and (k) to (r) of paragraph 1 are entered in the register.
(3) The register includes the copies of the spatial marks.
(4) The register is divided into the register of the trade marks in force and the register of the expiry of the registration.
(1) The Office shall enter in the register the information contained in the registration of the trade mark, except for documentary data.
(2) The Authority will also indicate in the certificate changes to the information contained therein and to the information on later facts to be entered in the register (Section 9 (2)).
(1) Other relevant facts under Section 25 of the Act, which are published in the Office Bulletin, are transfers of marks, changes in the name, registered office, name and surname, residence of the proprietor of the trade mark, narrowing of the list of goods or services of the trade mark, decisions of the Office repealing the declaration of the trade mark as renowned.
(2) The Office will publish in the Bulletin a list of representatives, authorised to represent in proceedings before the Office of Legal or Natural Persons who do not have their registered office or residence in the Czechoslovak Socialist Republic, and amendments thereto.
(1) An application for renewal of the registration of a trade mark shall be submitted to the Office in accordance with the model set out in Annex II to this Regulation and shall include the name and address of the proprietor of the trade mark, the number and the text or the representation of the trade mark, in the case of a spatial trade mark of the trade mark.
(2) The application shall be accompanied by:
(a) the original of the certificate of registration of the trade mark or its second copy;
(b) photographs, photocopies or printing plates and printing plates in the number and conditions laid down in Section 3 (1) (b);
(c) six legible copies of the list of goods and services, where that list contains more than 10 data.
Where the proprietor of a trade mark requests a change in the trade mark containing his name, registered office, name, surname or residence, he shall submit an officially certified document proving that change.
(1) Where the proprietor of a trade mark requests a narrowing of the list of goods or services, the application shall be accompanied by six legible copies of the new list if it contains more than 10 particulars.
(2) The application contains:
(a) the number and the text or representation of the trade mark, in the case of a space mark, of its surface view;
(b) the name and registered office or the name, surname and address of the proprietor of the trade mark;
(c) a list of the goods or services for which the list of goods or services is narrowed.
(3) The application shall be accompanied by the original of the certificate of registration of the trade mark or its duplicate.
(1) An application for registration of a transfer of a trade mark right shall be submitted to the Office in accordance with the model set out in Annex III to this Order.
(2) The application contains:
(a) the number and the text or representation of the trade mark, in the case of a space mark, of its surface view;
(b) the name and registered office or the name, surname and address of the proprietor of the trade mark and of the transferee of the right to trade mark.
(3) Where the right to trade mark is transferred for certain goods or services, it shall be expressly stated.
(4) The application shall be accompanied by:
(a) the original of the certificate of registration of the trade mark or its second copy;
(b) officially certified proof of the name and registered office or name, surname and address of the transferee of the right to trade mark and the subject of his business;
(c) an officially certified contract for the transfer of the right to trade mark or an officially certified proof of the transfer of the right to trade mark under other legislation.
(5) The provisions of paragraphs 1 to 4 shall apply mutatis mutandis to the transfer of the trade mark application (Paragraph 8 (2) of the Act).
(1) The application for registration of a trade mark licence contract shall include:
(a) the number and the text or representation of the trade mark, in the case of a space mark, of its surface view;
(b) the name and registered office or the name, surname and address of the supplier and the licensee.
(2) The application shall be accompanied by:
(a) the original of the certificate of registration of the trade mark or its second copy;
(b) officially certified proof of the activity of the licensee;
(c) an officially certified licence contract.
(3) The licence contract shall contain:
(a) the name and registered office or the name, surname and address of the supplier and the licensee;
(b) the number and the text or representation of the trade mark, in the case of a space mark, of its surface view;
(c) the extent of the trade mark rights granted and the conditions under which they are granted;
(d) the obligation on the licensee to comply with a specified quality for goods or services marked with a trade mark and the right of the licensor to check compliance with the quality; non-compliance with the quality laid down in the licence contract may justify the cancellation of the licence contract by its provider,
(e) the period of validity and the manner in which the licence contract expires.
(1) The application for a declaration of a trade mark shall be accompanied by:
(a) the original of the certificate of registration of the trade mark or its second copy;
(b) details of the scope of the sale of products or the provision of services by this trade mark in the territory of the Czechoslovak Socialist Republic in the last five years; for Czechoslovak legal or natural persons, verification of such data by the competent central authorities is required; for foreign legal or natural persons, verification of such data by the relevant Czechoslovak organisation of foreign trade is required;
(c) the decision or certificate of the national service of classification of the products in the highest degree of quality1) or other evidence of the quality of the goods or services marked by the trade mark;
(d) the justification of the proprietor of the trade mark, in which he sees its reputation.
(2) The Office may request the opinion of other bodies or organisations in proceedings for the declaration of a trade mark.
(1) The application for the approval of the Office for acts referred to in Article 21 of the Act contains:
(a) the number and the text or representation of the trade mark, in the case of a space mark, of its surface view;
(b) the name and registered office or the name, surname and address of the proprietor of the trade mark or of the transferee of the right to trade mark;
(c) a justification for what action is to be taken and why.
(2) The request for approval of the acts referred to in Sections 21 (b), 21 (d) and 21 (e) of the Act shall be accompanied by the expression of the competent foreign trade organisation.
(1) An application for the deletion of a trade mark shall contain:
(a) the number and the text and / or representation of the trade mark which is the subject of the removal procedure in the case of the spatial trade mark,
(b) the name and registered office or the name, surname and address of the applicant and the opposing party, or their representatives, as the case may be;
(c) a brief description of the facts and of the evidence relied on by the applicant;
(d) a proposal.
(2) An application for erasure shall be submitted in the necessary number of copies with the corresponding number of annexes.
(3) If the application is to be served on a party to proceedings abroad who does not yet have a representative in the Czechoslovak Socialist Republic, the proposal shall be accompanied by an officially certified translation in French or English.
In particular, orders, delivery notes, invoices, statements of the number of manufactured products or services provided, promotional and advertising materials, shall be submitted to prove the use of the trade mark in the Czechoslovak Socialist Republic [Paragraph 23 (1) (b) of the Act].
(1) Where the proprietor of a trade mark requests an extract from the register or a copy of a certificate, the application shall be accompanied by photocopies or fingerprints of a mark of at least 15 mm, not more than 60 mm, capable of clearly reproducing the trade mark in all details. Where the list of protected products and services contains more than 10 data, the owner shall attach a copy of the list of protected products and services.
(2) Photocopies, printing plates, list of products and services shall be submitted in a number corresponding to the number of required extracts from the register or secondary copies of certificates.
(3) The duplicate certificate shall be issued by the Office for each trade mark only in one copy at the request of the proprietor of the trade mark, submitted in the event of loss or impairment of the certificate at the same time as the application under Article 20 of the Law and under Article 12 to 17.
(1) To discuss trade mark disputes (Article 29 of the Act), the President of the Office shall establish a Trade Mark Commission (hereinafter referred to as the Commission).
(2) The Commission shall be composed of the President and permanent members; The President and the permanent members of the Commission shall be appointed and removed by the President of the Office.
(3) The Commission's deliberations will, depending on the nature of the case in question, be invited in particular to:
(a) the proprietor or owners of the trade mark and, where appropriate, their representatives;
(b) other direct participants in the dispute and, where appropriate, their representatives;
(c) representatives of the central authorities of the parties to the dispute,
(d) a representative of the Federal Ministry of Foreign Trade,
(e) a representative of the relevant external trade organisation;
(f) representatives of other institutions and organisations whose participation is requested by the Office.
(4) The Commission's deliberations are managed by its President. At the end of the negotiations, the Commission shall adopt a recommendation on the adoption and content of which shall be decided by voting of the members present. Each member of the Commission shall have one vote; in the event of a tie, the vote of the President of the Commission shall be decisive.
(5) The minutes of the meetings of the Commission shall be circulated by the President of the Commission to the participants.
This Decree shall take effect on 1 January 1989.
Chairman:
Ing. Wiszczor v. r.
Příloha I.
Annex I.
Příloha II.
Annex II.
Příloha III.
Annex III.
1) Article 16 of Act No. 30 / 1968 Coll., on State Testing, as amended by Act No. 54 / 1987 Coll.
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Regulation Information
| Citation | Decree of the Office for Inventions and Discoveries No. 187 / 1988 Coll., on the Procedure in Trade Marks |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 08.12.1988 |
|---|---|
| Effective from | 01.01.1989 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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