Decree No. 213 / 1995 Coll.
Decree of the Industrial Property Office implementing the Trade Marks Act
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Order
Effective from 01.10.1995
Text versions:
01.10.1995
29.09.1995
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213
DECLARATION
Industrial Property Office
of 7 September 1995
to implement the Trade Marks Act
The Industrial Property Office provides, pursuant to § 41 (1) and (2) of Act No. 137 / 1995 Coll., on Trade Marks ("the Act '):
PROCEDURE FOR ADMISSION OF PROTECTIVE NOTES
Application for a trade mark
(to § 4 to 6 of the Act)
(1) The applicant shall also indicate in the trade mark application:
(a) an indication whether the trade mark is to be registered in a normal letter used by the Industrial Property Office (hereinafter referred to as the Office) or in another letter or that it is a spatial trade mark; If the sign applied for contains particulars other than Latin characters, the transcription of those particulars shall be entered in Latin characters,
(b) an indication of whether the trade mark is registered in black and white or in colour,
(c) an indication of whether he is represented, including the name and address of the representative's registered office, who is a legal person, his name and surname and address of permanent residence and, where appropriate, his address for correspondence.
(2) Where the applicant exercises the right of priority under Article 6 (2) of the law, he shall indicate in the trade mark application the date of filing the application from which the right of priority derives and the State in which the application was lodged and its file mark; If the trade mark has been registered, it shall indicate the registration number. The right of priority shall be demonstrated by the applicant by the production of a document of filing the application from which he applies the right of priority or proof of the right of priority.
(3) The goods and services for which the trade mark is applied for shall be indicated in the application in the order of the international classification1), together with the relevant number of that classification.
(4) The trade mark application shall be signed by the applicant or his authorised representative.
(5) On the application for a trade mark, the Office shall indicate the exact time-stamp of the trade mark and assign it a file mark.
(1) The applicant shall attach five pictures of the mark applied for to the trade mark application in a letter other than the normal letter, which are able to clearly reproduce the mark applied for in all details.
(2) The Office may require the applicant to attach a further representation to the application for a trade mark, allowing a clear distinction between the details of the mark applied for or its verbal description and, where appropriate, a sample thereof.
(3) The applicant shall attach to the application for a collective mark a contract relating to an association of entrepreneurs and shall at the same time designate the persons authorised to act on behalf of an association of undertakings relating to a collective mark.
Split application
(to § 7 (3) of the Act)
The split application shall contain, in addition to the particulars referred to in Section 1:
(a) the text or representation of the sign applied for;
(b) the list of goods or services covered by the apportioned application in the order of classes of the international classification1), together with the appropriate number of that classification;
(c) the date of filing of the original trade mark application;
(d) the file number of the original trade mark application.
Forms of opposition to registration of a trade mark
(k § 9 of the Act)
(1) The objections to the registration of the registered mark in the register of trade marks (hereinafter referred to as the Register) include:
(a) details of the name and address of the registered office or name, surname and address of the opposing party's permanent residence;
(b) the file number and the date of publication of the trade mark application against which the opposition is directed;
(c) details of the name and address of the registered office or name, surname and address of the applicant's permanent residence and the wording or representation of the registered mark against which the opposition is directed;
(d) a description of the goods or services to which the opposition relates, including an indication of their classes according to the international classification, (1) or an indication that the opposition relates to all the goods or services listed in the application;
(e) a substantive statement of objection;
(f) a proposal as to how the application is to be decided.
(2) The opposing party demonstrates the justification of his submission of the documents on which he relies. where the application is based on an application for a trade mark with a prior right of priority, it shall be sufficient to indicate its file mark or registration number and its wording or representation.
(3) If the objection is made for reasons of conformity or interchangeability with a generally known mark, the person who submitted the opposition shall demonstrate that his mark has acquired a general acquaintance before the priority of the contested mark arises.
(4) Where an objection is made by reason of interference with the rights of the holder of an unregistered designation, the holder shall provide evidence of such a designation of the goods or services for which the unregistered designation has acquired distinctive character within the time limit laid down by law, indicating where appropriate the territory or area in which consumers associate the goods or services referred to in the contested designation with the business activity of the holder of the unregistered designation.
(5) Where an objection is made for reasons of conformity or interchangeability with a commercial name, the entrepreneur shall prove that it has been entered in a commercial or other similar register or, where appropriate, was established before the priority of the published designation was established and the extent of the goods or services actually provided by the undertaking under that commercial name.
(6) Where an objection is lodged for reasons of intervention of a published designation in the right of protection of a person, it is necessary to provide evidence of the legitimacy to exercise the right to protection of a person and to indicate in what way the right to protection of a person is threatened by the entry of the published designation in the register.
(7) Where an objection is brought by reason of interference with another industrial property right, proof must be provided of which protected industrial property right the action concerns and in which the registration of the published mark in the register puts the industrial property right at risk.
(8) Where an objection is made as a result of interference with copyright, it is necessary to provide evidence of active legitimacy for the exercise of copyright, the author's work, which is threatened by the registration of the published title, including an indication of the extent to which the author's work is threatened.
(9) Where an objection is made pursuant to Article 42 (3) of the Law, the proprietor of the trade mark shall indicate the file number and the date of the decision of the Office declaring the trade mark to be known.
Register of trade marks
(k § 40 of the Act)
(1) The register states:
(a) the trade mark number;
(b) a precise indication of the date of filing of the trade mark application with the Office or, where appropriate, the date of priority;
(c) the date of publication of the registered designation in the Bulletin of the Industrial Property Office (hereinafter referred to as the Bulletin);
(d) the date of registration of the trade mark;
(e) the file number,
(f) the text and, where appropriate, the representation of the trade mark; where the trade mark contains particulars other than Latin characters, the transcription of those particulars shall be made in Latin characters,
(g) an indication of the classification of the figurative elements of the trade mark;
(h) the name and address of the registered office or the name, surname and address of the proprietor of the trade mark;
(i) an indication of the type of trade mark;
(j) a list of the goods or services for which the trade mark is registered, ranked in the order of classes of the international classification1) together with the relevant class number of that classification;
(k) the date of renewal of the trade mark;
(l) international registration of a trade mark;
(m) licensing agreements for the trade mark or the designation of members of associations authorised to use the collective trade mark;
(n) the transfer of the right to the trade mark;
(o) the establishment and termination of a trade mark lien;
(p) details of the name and address of the applicant's registered office or name, surname and permanent address,
(r) the removal of the right to trade mark.
(2) On request, amendments made to the register following registration of the trade mark shall be registered.
(3) The Office shall make the data contained in the register available to everyone.
(1) The certificate of registration of the trade mark shall contain the particulars set out in Article 5 (1). The Office shall, at its request, issue a certificate supplement to the trade mark proprietor for changes to the registration of the trade mark which took place after the issue of the certificate.
(2) Upon request, the Office shall issue to the proprietor of the trade mark a duplicate certificate of registration. The duplicate shall contain the particulars appearing on the trade mark registration certificate.
(3) At the request of the Office, the Office shall issue an extract of the register or, where appropriate, an extract of the trade mark applied for to any person who so requests. The extract from the trade mark register shall contain only the data in force on the date of the request for an extract from the register.
(4) The Office shall publish in the Bulletin following the registration of the trade mark the information referred to in Article 5 (1); any amendment to the information made after registration of the trade mark shall be published in the Bulletin.
AMENDMENTS AND ADJUSTMENTS TO THE PROTECTION NOTE
Trade mark change
(Articles 7 (1) and 22 of the Act)
(1) The application for a change in the mark applied for and, where applicable, in the trade mark containing the name and address of the registered office or the name and surname and address of the permanent residence of the applicant or, where applicable, the proprietor of the trade mark, shall contain:
(a) the registration number of the trade mark and, where appropriate, the file number;
(b) the name and address of the registered office or the name, surname and address of the permanent residence of the applicant for the trade mark or his proprietor;
(c) the text or representation of the trade mark;
(d) the name and address of the registered office or the name, surname and address of the representative's permanent residence, if the applicant or proprietor of the trade mark is represented,
(e) an indication of the change requested,
(f) the signature of the applicant.
(2) The application for a change in the mark applied for or, where applicable, in the trade mark shall be supported by an official document confirming the change in the particulars referred to in paragraph 1.
Narrowing the list
(to Paragraph 7 (2) of the Law)
The application for narrowing the list of goods or services shall include:
(a) the registration number of the trade mark and, where appropriate, the file number;
(b) the name and address of the registered office or the name, surname and address of the permanent residence of the applicant for the trade mark or his proprietor;
(c) a list of the goods or services on which the list is narrowed,
(d) the name and address of the registered office or the name, surname and address of the representative's permanent residence, if the applicant or proprietor of the trade mark is represented,
(e) the signature of the applicant.
Change in the name and address of the registered office or name and surname and address of permanent residence
The application for registration of a change in the name and address of the registered office or the name, surname and permanent address of the applicant or proprietor of the trade mark shall include:
(a) the registration number of the trade mark and, where appropriate, the file number;
(b) the name and address of the registered office or the name, surname and address of the permanent residence of the applicant for the trade mark or his proprietor;
(c) new particulars in the name or name and surname, address of the applicant's seat or permanent residence or the proprietor of the trade mark whose registration is required;
(d) the name and address of the registered office or the name, surname and address of the representative's permanent residence, if the applicant or proprietor of the trade mark is represented,
(e) the signature of the applicant.
Transfer of the right
(k § 19 of the Act)
(1) The application for registration of the transfer or, where appropriate, the change of trade mark shall include:
(a) the registration number of the trade mark and, where appropriate, the file number;
(b) the name and address of the registered office or the name, surname and address of the proprietor of the trade mark, and the name and address of the registered office or of the registered office or name, surname and permanent address of the proprietor of the trade mark;
(c) an indication of whether the trade mark is to be transferred for all the goods or services for which it is registered, or only for some of them, listed in the order of classes of international classification1) together with the relevant class number of that classification;
(d) the name and address of the registered office or the name, surname and address of the representative, if the proprietor of the trade mark is represented;
(e) the signature of the applicant.
(2) When a trade mark is transferred, the application shall be accompanied by a dated contract of transfer or removal from the contract, or other official document proving the change of the proprietor of the trade mark and, when the trade mark is transferred, by a document of transfer under other rules. Where proof of the transfer or, where appropriate, the change of trade mark is drawn up in a language other than the Czech language, the Office may request a translation thereof.
(3) The provisions of paragraphs 1 and 2 shall apply mutatis mutandis to the application for registration of the transfer or, where appropriate, to the transfer of rights from the trade mark application.
Licences
(to Article 18 of the Act)
(1) The application for registration of a licence contract shall include:
(a) the registration number of the trade mark and, where appropriate, the file number;
(b) the name and address of the registered office or the name, surname and address of the proprietor of the trade mark, and the name and address of the registered office or name, surname and permanent address of the licensee of the trade mark;
(c) an indication of whether a trade mark licence is granted for all the goods or services for which it is registered or for any of them;
(d) the name and address of the registered office or the name, surname and address of the representative, if the proprietor of the trade mark is represented;
(e) the signature of the applicant.
(2) The application for registration of a licence contract shall be accompanied by a licence contract. If the licence contract is in a language other than the Czech language, the Office may request its translation.
Liability
(to Section 21 of the Act)
(1) The application for registration of a trade mark lien includes:
(a) the registration number of the trade mark and, where appropriate, the file number;
(b) the name and address of the registered office or the name, surname and address of the proprietor of the trade mark, and the name and address of the registered office or name, surname and permanent residence of the lien creditor;
(c) the name and address of the registered office, or the name, surname and address of the representative, if the proprietor of the trade mark is represented;
(d) the signature of the applicant.
(2) An application for registration of a trade mark lien shall be accompanied by a contract establishing a lien. If the contract is in a language other than the Czech language, the Office may request its translation.
Application for the removal of a trade mark from the Register
(to Section 25 of the Act)
(1) The application for the removal of a trade mark from the Register shall contain:
(a) the registration number of the trade mark and, where appropriate, the file number;
(b) the name and address of the registered office or the name, surname and address of the proprietor of the trade mark;
(c) the text or representation of the trade mark;
(d) the name and address of the registered office or the name, surname and address of the applicant's permanent residence;
(e) the name and address of the registered office or the name, surname and address of the representative, if the applicant is represented;
(f) the proposal as to how the case is to be decided;
(g) the factual justification for the proposal and evidence;
(h) the signature of the applicant.
(2) The application for erasure shall be submitted in four copies; a copy of the evidence on which the application for erasure is based shall be annexed to each copy of the application.
(3) Where the proprietor of a trade mark which is challenged by an application for erasure is a legal or natural person who does not have his registered office or permanent residence in the Czech Republic, an officially certified translation into the French or English language shall be submitted to the application for erasure.
(4) The Office shall invite the proprietor of the trade mark to comment on the application for erasure.
Application for the removal of a trade mark from the Register
(to Section 26 of the Act)
(1) The application for the removal of a trade mark from the Register shall include:
(a) the registration number of the trade mark and, where appropriate, the file number;
(b) the name and address of the registered office or the name, surname and address of the proprietor of the trade mark;
(c) the name and address of the registered office or the name, surname and address of the applicant for the removal of the trade mark;
(d) the name and address of the registered office or the name, surname and address of the representative's permanent residence, if the applicant is represented.
(2) The application for erasure shall be accompanied by a copy of the final judgment according to which the trade mark infringes the rights of protection of the person, interferes in the reputation of the legal person or interferes in the rights of the copyright or, where appropriate, that the use of the trade mark is an unlawful competitive conduct.
Record recovery
(to Article 23 of the Law)
(1) The application for renewal of a trade mark shall include:
(a) the registration number of the trade mark and, where appropriate, the file number;
(b) the name and address of the registered office or the name, surname and address of the proprietor of the trade mark;
(c) an indication of the request for renewal;
(d) the name and address of the registered office or the name, surname and address of the representative, if the proprietor of the trade mark is represented;
(e) the signature of the applicant.
(2) Where a request for the renewal of a trade mark is included in the application for renewal of the trade mark to be registered, the proprietor of the trade mark shall be required to provide the information referred to in Article 8.
TASKS OF THE OFFICE
Management of the file
The Office shall keep a separate file on the trade mark application and the registered trade mark, containing all the submissions made during the proceedings for the trade mark application, the registration of the trade mark and the notice and the decisions of the Office.
PROCEDURE FOR REQUESTS FOR INTERNATIONAL REGISTRATION OF THE PROTECTIVE NOTE
(to Section 36 of the Act)
Application for international registration
(1) Where a trade mark is registered by the Office, the application for international registration of a trade mark shall include:
(a) the registration number of the trade mark and its wording or representation; where the trade mark is registered in a non-Latin letter or contains, where appropriate, non-Arabic or Roman numerals, a transcription of the trade mark in a Latin font which is governed by French pronunciation rules and a transcription of the Arabic numerals,
(b) particulars of the name and address of the registered office or the name, surname and address of the applicant's permanent residence, which must be identical to the name and address of the registered office or name, surname and permanent address of the proprietor of the trade mark registered in the Register kept by the Office;
(c) a list of goods or services which are identical and, where appropriate, narrower than the list of goods or services for which the mark is registered in a register kept by the Office, in precise translation into French with the items listed in the order of classes of the international classification1) together with the appropriate class number of that classification;
(d) the period for which protection is requested;
(e) a list of countries in which protection is requested;
(f) the method of payment of fees for international registration under the international contract for the international registration of factory or trade marks, (2) details of the name and address of the registered office or the name and address of the payer's permanent residence and, where applicable, the number of the World Intellectual Property Organisation certificate registered in Geneva (hereinafter referred to as the International Office) of the payment already made,
(g) where the trade mark is registered in colour, a list of the colours used in French and an indication of the manner of publication;
(h) details of the name and address of the registered office or name, surname and permanent address of the representative, if the applicant is represented;
(i) the signature of the applicant.
(2) If the trade mark is not yet registered in the Register maintained by the Office, the application for international registration of the trade mark shall contain the file number of the trade mark application and the date of its filing with the Office and the particulars referred to in paragraph 1 (b) to (i).
(1) An application for international registration of a trade mark in other than normal letters shall be accompanied by five black and white pictures of the mark applied for, measuring at least 15 x 15 mm and not more than 80 x 80 mm.
(2) An application for international registration of a trade mark in colour shall be accompanied by the applicant, other than that referred to in paragraph 1,
(a) 52 colour pictures of the mark applied for, measuring not more than 210 x 297 mm, if it wishes to publish the mark in black and white; or
(b) five colour images of the mark applied for, measuring at least 15 x 15 mm and not more than 80 x 80 mm, if it wishes to publish the mark in colour.
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Regulation Information
| Citation | Decree of the Industrial Property Office No. 213 / 1995 Coll., implementing the Trade Marks Act |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.09.1995 |
|---|---|
| Effective from | 01.10.1995 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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