Full text of Act No. 400 / 2000 Coll.
The full text of Act No. 137 / 1995 Coll., on Trade Marks, as is apparent from the amendments made by Act No. 191 / 1999 Coll. and Act No. 116 / 2000 Coll.
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23.11.2000
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400
PRESIDENT OF THE GOVERNMENT
Announces
full text of Act No. 137 / 1995 Coll., on Trade Marks, as is apparent from the amendments made by Act No. 191 / 1999 Coll. and Act No. 116 / 2000 Coll.
THE LAW
on trade marks
Parliament has decided on this law of the Czech Republic:
GENERAL PROVISIONS
The trade mark shall be a sign consisting of the words, letters, figures, drawing or shape of the product or its packaging, or combinations thereof, intended to distinguish goods or services originating from different entrepreneurs and entered in the Register of Trade Marks (hereinafter referred to as "the Register '), kept by the Industrial Property Office (hereinafter referred to as" the Office').
(1) The following shall be excluded from registration:
(a) a label which cannot be graphically displayed;
(b) a designation which does not have the capacity to distinguish goods or services;
(c) a designation consisting exclusively of marks or indications used in trade to determine the type, quality, quantity, purpose, value or other characteristics of the goods or services, the geographical origin or the time of manufacture of the product or the supply of the service;
(d) a designation which consists exclusively of signs or indications common in the normal language or used in good faith and commercial practices;
(e) a designation consisting exclusively of the shape of a product which results from its nature or is necessary for the achievement of a technical result or gives a substantial utility value to that product;
(f) a designation contrary to public policy or good manners;
(g) a designation which may deceive the public in particular on the nature, quality or geographical origin of the goods or services;
(h) a designation the use of which would be contrary to the obligations arising for the Czech Republic under international agreements;
(i) a sign containing a sign of high symbolic value, in particular religious symbols;
(j) a designation applied to wines or spirits containing a geographical indication without having such geographical origin.
(2) The designation referred to in paragraph 1 (b) to (d) may be entered in the register if the applicant demonstrates that such a designation has acquired a distinctive character for his goods or services by use in the course of trade which began before the application for a trade mark (the application).
(1) The Office shall not enter in the Register a sign identical to a trade mark which is registered or registered for another proprietor for the same or similar goods or services with earlier priority rights or contains, where appropriate, elements of the registered mark or registered trade mark which could lead to confusion. Such a mark may be entered if the proprietor or applicant of a trade mark, with the former right of priority, gives his written consent to the registration of that mark.
(2) The Office shall not register a mark identical to a trade mark which has expired pursuant to Article 24 (1) (a) if the trade mark application was filed before the expiry of two years after the expiry of the trade mark, unless the registration of such a mark is requested by the person for whom the trade mark was registered on the date of its expiry or by his successor in title.
(3) The Office shall, on the basis of duly and reasonably applied objections pursuant to Article 9, not enter in the register a designation which interferes with the legally protected earlier rights of third parties.
PROCEDURE FOR ADMISSION OF PROTECTIVE NOTES
Application for a trade mark
(1) The registration of a mark as a trade mark (hereinafter referred to as "registration of a trade mark") is requested by application to the Office.
(2) The application may be submitted by a natural or legal person (hereinafter referred to as the applicant) for goods or services which are the subject of his business at the date of filing of the application.
(1) The application shall contain:
(a) an application for registration of a trade mark;
(b) the name and surname or name and, where applicable, the trade name of the applicant and the address of the permanent residence and place of business, if the applicant is a natural person or a registered office, if the applicant is a legal person,
(c) the text or representation of the sign applied for and, in the case of the spatial indication of the label, the surface image;
(d) the list of the goods or services for which the trade mark is to be registered.
(2) The list of goods and services referred to in paragraph 1 (d) shall include classes according to international contract (1)
(1) By filing an application complying with the requirements laid down in Paragraph 5 (1), the applicant shall have the right of priority before any person who subsequently submits an application for the same or interchangeable trade mark for the same or similar goods or services.
(2) The right of priority resulting from the Paris Convention for the Protection of Industrial Property ("the Paris Convention") 2 must be exercised by the applicant already in the application and proved within three months of its submission, otherwise the Office shall not take account of it. The right of priority may be exercised by a trade mark application requiring protection in a Member State of the Paris Convention (2) or in a State which is a member of the World Trade Organisation (2a) if the State in which the first filing of the trade mark application is made is not a Contracting Party to the Paris Convention (2) or a member of the World Trade Organisation (2a) the right of priority of such submission can only be granted on a reciprocal basis.
(1) At the request of the applicant, the Office shall authorise, in the applied sign, an adjustment concerning the applicant's name or his name and surname, or, where applicable, the business name or permanent residence, or the place of business where the change took place after the application has been lodged, provided that such adjustment brings the information contained in the applied sign into line with the facts without altering the overall character of the sign applied for. Other changes in the data referred to in Section 5 (1) (c) are not permitted after the application has been submitted.
(2) After filing the application, the applicant may narrow down the list of goods or services for which the trade mark is to be registered; Such narrowing cannot be withdrawn.
(3) The applicant shall be entitled, pending registration, to distribute an application containing more than one product or service. The right of priority of the original application shall also be preserved for applications split if they contain only the goods or services listed in the original application for a trade mark.
(4) The applicant may transfer his right from the application for all or part of the goods or services listed therein by written contract to another trader who is eligible under this law to be the proprietor of the trade mark.
Examination and publication of the application
(1) The Office shall submit a survey application.
(2) If the application does not contain the necessary particulars, the Office shall invite the applicant to remedy the deficiencies within the prescribed period. If the application does not comply with the formalities referred to in Article 5 (1), the Office shall set a period of two months to remedy the deficiencies; the date on which the application is submitted shall be considered to be the date on which the information used to remedy those deficiencies was received.
(3) If the registered designation does not fulfil the registration conditions laid down by this law, the Office will reject the application.
(4) If the application contains the necessary particulars and if the registered mark is not rejected pursuant to paragraph 3, the Office shall publish the application in the Bulletin of the Industrial Property Office ("the Bulletin ').
Opposition against registration
(1) The Office may, within three months of publication, object to the registration of a published designation:
(a) the proprietor or, where applicable, the applicant for an interchangeable trade mark with an earlier right of priority, if the trade mark is registered or registered for the same or similar goods or services;
(b) the proprietor of an earlier identical or interchangeable mark which, prior to the filing of the application, took place within the meaning of the Paris Convention (3) or as a consequence of the promotion of that mark in the Czech Republic within the relevant circle of the general public known for its owner and its goods or services (hereinafter referred to as the "generally known mark"),
(c) the holder of the identical or interchangeable marking which has acquired a distinctive character for the same or similar goods or services of the holder in the Czech Republic in the past two years prior to filing the application;
(d) an entrepreneur, registered before the date of filing of the application for registration in a commercial or similar register, if his trade name, or a substantial part thereof, is identical or interchangeable with the label published and if he produces the same or similar products or provides the same or similar services for which the label is registered or is the subject of his business;
(e) a natural person whose name and surname or surname or representation, or pseudonym, are identical or interchangeable with a published designation if the registration of that designation may interfere with his or her rights of protection;
(f) the proprietor of an earlier right of another industrial property, if his object is identical or interchangeable with the title published;
(g) he to whom copyright rights belong, if it is identical or interchangeable with the published title, if its use could be affected by copyright rights.
(2) The Office shall disregard objections raised after the time limit referred to in paragraph 1. This also applies to the evidence by which the objections were supported.
(3) The time limit for objecting to the registration of a published designation cannot be extended.
Examination of objections
(1) The Office will examine whether the objections have been lodged by an authorised person within the legal period and whether the evidence enabling them to be heard is justified and supported.
(2) The Office shall suspend the opposition proceedings if the opposition has been lodged by a late, unauthorised person, without justification or if it is not supported by documents enabling them to be heard. The Office shall inform the opposing party accordingly.
(3) The Office shall inform the applicant accordingly and invite him to comment within the time limit set. This period shall not be less than 10 days.
(4) If the applicant fails to submit observations within the time limit set, the Office shall suspend the application procedure; the applicant must be brought to the attention of the applicant in the call for observations.
(1) In the case of duly applied objections to which the applicant has expressed his views, the Office will assess whether the registration of the registered mark will interfere with the legally protected rights of third parties.
(2) If the Office finds that the mark applied for does not interfere with the legally protected earlier rights of third parties, it will reject the opposition. a written copy of this decision shall be served on the applicant and the opposing party.
(3) Where the Office finds that the mark applied for does not meet the conditions for registration, it shall reject the application and the written copy of this decision shall be served on the applicant and the opposing party.
Registration of a trade mark
(1) The Office shall register the trade mark unless the facts referred to in paragraphs 2 and 3 prevent it. It shall inform the applicant of the registration.
(2) The applicant shall become the proprietor of the trade mark by entering the trade mark in the register. If the proprietor so requests, the Office shall issue a certificate of registration.
(3) The registration of a trade mark shall be notified by the Office in the Bulletin no later than six months after its implementation.
RIGHTS FROM THE PROTECTION NOTE
(1) The proprietor of a trade mark has the exclusive right to mark his or her goods or services with the trade mark for which he or she is registered or to use them in conjunction with those goods or services.
(2) The proprietor of the trade mark is entitled to use the trade mark ® together with the trade mark.
(1) Without the consent of the proprietor of a trade mark, no one may use a mark identical to or interchangeable with a trade mark for the same or similar goods or services for which the trade mark is registered, or use it in conjunction with such goods or services, in particular to place it on products or their packaging, to offer or place on the market products so labelled, or to store them for that purpose, to import or export products bearing that mark, or to use that sign in the name, correspondence or advertising.
(2) The proprietor of a trade mark shall have the right, in respect of anyone who places or intends to place on the market goods or services, to information on the origin of the goods or documents accompanying the goods or services on which the mark is identical or interchangeable with his trade mark; the court does not admit the right to information if this would be disproportionate to the seriousness of the threat or breach. The proprietor of the trade mark shall prove his rights by means of a certificate of registration of the trade mark and, where appropriate, an extract from the register.
(3) The proprietor of the trade mark shall be entitled to require the publisher of the publication in which the trade mark is reproduced to make public information that the trade mark is a trade mark, including the registration number.
(1) The proprietor of a trade mark may request from the competent court that any person be prohibited from using his trade mark or a mark which is interchangeable with it for the same or similar goods or services and that articles marked as having infringed his rights be withdrawn from the market. The proprietor of a trade mark may require the court to order the endangerer or infringer to destroy products the manufacture or placing on the market of which has threatened or infringed the right protected by this law, or, where appropriate, to destroy material and tools intended or used solely or principally in activities which threaten or infringe the rights protected by this law. The Court of First Instance shall not order destruction unless such products are owned by the person against whom the application is directed, or if a threat or infringement of the law could be removed otherwise and the destruction would be disproportionate to that threat or breach. The removal of a mark or a counterfeit mark from products before they are placed on the market may only be permitted in exceptional cases.
(2) The proprietor of a generally known mark may exercise the rights referred to in paragraph 1, irrespective of the conformity or similarity of the goods or services, provided that the use of the generally known mark on other products or services would indicate the relationship between the goods or services so designated and the owner of the generally known mark and that the interests of the proprietor of the generally known mark would be damaged by such use.
(3) If damage has been caused by interference with trade mark rights, the injured party has the right to compensation. If this intervention is caused by non-property damage, the injured party shall have the right to reasonable satisfaction, which may consist of cash performance.
Restrictions on trade mark rights
(1) The proprietor of the trade mark is required to suffer where third parties use their name, surname, pseudonym, name or, where appropriate, trade name, address, data relating to the type, quality, quantity, purpose, value, geographical origin, time of manufacture of the product or provision of the service and, where applicable, other characteristics of the product, even if such information is identical or interchangeable with the trade mark, may form part of the trade mark, provided that such data are used in accordance with commercial practices and good practices of competition.
(2) The proprietor of the trade mark is obliged to suffer if third parties use in trade a sign identical to that of the trade mark, if this is necessary to indicate the purpose of the product, in particular its accessories or spare parts, or the type of service provided, provided that it is used in accordance with commercial practices and good practices of competition.
(3) The proprietor of the trade mark is obliged to bear the use of the identical or interchangeable mark by the proprietor of the trade mark if he has acquired a distinctive character for the same or similar goods or services of his holder in the Czech Republic in the last two years before filing the application.
(4) The proprietor of the trade mark shall be obliged to suffer further use of the identical or interchangeable trade mark with a later right of priority if he has suffered for a period of 5 years from the date on which he became aware of such use, unless the application for a later trade mark has not been filed in good faith.
(5) The proprietor of a trade mark with a later right of priority shall not be entitled to prevent the use of an identical or interchangeable trade mark with an earlier right of priority, even if the proprietor of a trade mark with an earlier right of priority cannot exercise his rights under paragraph 4.
Exhaust of rights
A trade mark shall not entitle the proprietor to prohibit its use on products which have been placed on the market with or with his consent with that trade mark, unless there has been a substantial change or deterioration of their condition or characteristics after the products have been placed on the market.
Licences
(1) The right to use the trade mark may be granted by a licence contract (5) for all or part of the goods or services for which it was registered.
(2) The licensee may only be a natural or legal person whose business is the goods or services for which the trade mark is registered.
(3) The licence contract shall take effect against third parties by registered trade marks; Such registration shall be sought by the Office by the proprietor of the trade mark.
Transfer and crossing of a trade mark
(1) The proprietor of a trade mark may transfer the trade mark to another natural or legal person for all or part of the goods or services for which it is registered, provided that such goods or services are the subject of his business at the date of conclusion of the transfer contract. A contract for the transfer of a trade mark shall take effect against third parties by registration in the register of trade marks; Such registration shall be sought by the procuring entity of the trade mark.
(2) The trade mark shall be transferred to the new proprietor in cases provided for in specific legislation.6) The crossing of a trade mark shall take effect by entry in the register of trade marks; Such registration shall be sought by the procuring entity of the trade mark.
(3) Where a trade mark has been transferred as a result of the death of the proprietor of a trade mark whose heir is not eligible under this law to be the proprietor of the trade mark, the proprietor shall have the right to grant the licence or, where appropriate, transfer the trade mark to a third party.
Transcription of the proprietor of the mark
Where a trade mark which enjoys protection in a country which is a member of the Paris Convention has been registered in the Czech Republic for the benefit of a commercial agent, intermediary or agent of its original owner (hereinafter referred to as "the commercial agent '), that original proprietor may request that the trade mark be transferred to him, unless the commercial agent proves that he has acted in good faith. The Office shall record the change of the proprietor of the trade mark in the Register at the request of the authorised proprietor of the trade mark.
Liability
(1) A trade mark may be granted as collateral. 7)
(2) The lien on the trade mark is established by registration; Such registration shall be requested by the lien creditor. The lien creditor shall, together with the application for registration of the lien on the trade mark, submit to the Office the contract establishing the lien with the officially certified signatures of the participants.
ADJUSTMENT OF THE PROTECTIVE NOTE, THE PROTECTION PERIOD AND THE LIABILITIES OF THE PROTECTIVE NOTE
Modification of the trade mark
At the request of the proprietor of the trade mark The Office shall authorise in the trade mark an adjustment concerning the name of the proprietor or his name and surname, or, where applicable, the business name or registered office, permanent residence or place of business, the change of which took place after the registration of the trade mark, provided that such adjustment gives the information contained therein in the fact, without altering the overall character of the trade mark.
Withdrawal period
(1) The period of protection of the trade mark shall be 10 years from the date of application to the Office.
(2) At the request of the proprietor of the trade mark, lodged with the Office not earlier than the last year of the protection period but not later than six months after the expiry of the trade mark (hereinafter referred to as the "renewal application '), the trade mark protection period shall be renewed for a further period of 10 years.
Dissolution of a trade mark
(1) The trade mark shall cease to exist
(a) the expiry of the safeguard period, unless a request for renewal of the safeguard period has been submitted in due time;
(b) on the date of service of the proprietor of the trade mark of the Office, a declaration to waive his right; the declaration does not have legal effects where third parties' rights so prevent,
(c) 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;
(d) the removal of a trade mark from the Register by the Office pursuant to Articles 25 and 26.
(2) A trade mark on which the rights of third parties are held shall cease, in accordance with paragraph 1 (b), on the date on which the proprietor of the trade mark attests to the loss of such rights and, where appropriate, submit the consent of the authorised persons to the loss of the trade mark.
(3) The Office shall register the expiry of the trade mark.
Removal of the trade mark
(1) The Office shall remove the trade mark from the Register if it finds in proceedings initiated on a proposal from a third party or on its own initiative that:
(a) has been registered in breach of this law; in this case, the mark shall be treated as if it had not been registered at all. This does not apply if the mark has been registered in contravention of § 2 (1) (b) to (d) and has acquired a distinctive character for those goods or services of its owner for which it was registered,
(b) it has not been used in the Czech Republic for at least five years prior to the start of the removal procedure and the proprietor of the trade mark shall not properly justify its non-use; the use of the trade mark by a third party under a contract is considered to be a proper use; where appropriate, the use of the trade mark which has begun or continued after 5 years of its non-use, but which has not been taken into account within three months of the start of the removal procedure. The use of a trade mark shall also mean its use in a form which, as it is registered, differs from that which does not alter its distinctive character or, where appropriate, its placing on products or their packaging exclusively for export purposes.
(2) The Office shall delete from the Register an interchangeable trade mark if it finds, in a procedure initiated on application by the proprietor of the trade mark with a prior right of priority, that the trade mark contested is registered for the same or similar goods or services; The Office shall not delete a trade mark if the proprietor of the earlier right of priority has knowingly suffered the use of the contested trade mark for a period of five years from its registration.
(3) The Office shall remove from the Register an identical or interchangeable trade mark if it finds in a proceeding initiated on the application of the proprietor of a generally known mark that the use of the contested trade mark would have been unduly benefited from, or be prejudiced by, the distinctive character or reputation of a well-known mark, regardless of whether the contested trade mark was registered for the same or similar goods or services. The Office shall not delete if the proprietor of a generally known mark has knowingly suffered the use of the contested mark in the Czech Republic for five years from its registration.
(4) The Office shall remove a trade mark from the Register if it finds, in a procedure initiated on a proposal from a third party, that the trade mark has lost its distinctive character as a result of the activity or failure of its proprietor because it has become, in trade, a sign customary to the goods or services for which it is registered.
(5) Where the reason for the removal of a trade mark is only in respect of a part of the goods or services for which the trade mark is registered, the Office shall delete the trade mark only for those goods or services.
(6) The removal of a trade mark from the register referred to in the preceding paragraphs may be effected even after the expiry of the trade mark for other reasons, provided that the applicant has demonstrated his legal interest.
(1) On the basis of a judicial decision according to which a trade mark containing the name and surname or representation of a natural person, or a pseudonym thereof, infringes the rights of protection of a person, or under which a trade mark containing the name or trade name of a legal person interferes in its reputation or, where appropriate, that trade mark interferes with copyright rights, the Office shall remove the trade mark from the Register. The erasure shall be carried out if the person entitled requests the erasure within six months of the legal authority of the court decision.
(2) The Office shall remove from the Register an identical or interchangeable trade mark on the basis of a judicial decision according to which the use of that trade mark is an unlawful competitive act. The erasure shall be carried out if the proprietor of the trade mark has applied for erasure within six months of the legal authority of the judgment.
(3) The removal of a trade mark from the register referred to in paragraphs 1 and 2 may be effected even after the expiry of the trade mark for other reasons, provided that the applicant has demonstrated his legal interest.
SPECIFIC PROVISIONS ON COLLECTIVE PROTECTIVE NOTES
(1) A collective trade mark may be a mark referred to in Article 1 if it is capable of distinguishing goods or services originating from members or members of a legal person established for the purpose of the joint marking of products or services marketed by members or members (hereinafter referred to as "business associations") from those of other entrepreneurs.
(2) The conditions for the use of the collective mark, including penalties for their infringement, shall be laid down by a written contract concluded between all members or members of the association of entrepreneurs.
(1) The application for a collective mark shall be lodged with the Office of the Association of Entrepreneurs (the applicant).
(2) The application for a collective mark must include:
(a) an application for registration of a collective mark;
(b) the name and, where appropriate, the business name and registered office of the business association;
(c) the text or representation of the mark applied for, to be registered as a collective mark or, where appropriate, a description thereof, in the spatial indication of its surface image;
(d) the list of goods or services for which the collective mark is to be registered;
(e) a list of the members or members of the applicant who may use the collective mark.
(3) The list of goods and services referred to in paragraph 2 (d) shall include the classes referred to in the international contract (1).
(4) The application for a collective mark shall be accompanied by the contract referred to in Article 27 (2).
(5) The application for a collective mark referred to in paragraph 2 shall give the applicant the right of priority before any person who subsequently submits an application for identical or interchangeable trade marks for the same or similar goods or services.
(1) The Office shall submit an application for a collective mark to a survey to the extent set out in paragraphs 8 to 12, with the Office assessing compliance with the conditions set out in paragraph 2 (1) (b), taking into account Article 27 (1).
(2) By entering a collective mark in the register, the applicant shall become the holder of a collective mark at whose request the Office shall issue the registration of a collective mark in the register of certificates. The registration of a collective mark shall be notified by the Office in the Bulletin. A collective mark certificate or extract shall be issued by the Office at the request of each member or member of the association of entrepreneurs registered in the Register.
(3) At the request of the proprietor of a collective mark, the Office shall register a change in the composition of the members or members of an association of entrepreneurs.
(1) The exclusive right to mark their goods or services with the collective mark for which it is registered or to use them in conjunction with those goods or services shall have the members or members of the association of entrepreneurs registered in the register.
(2) Members or members of an association of entrepreneurs may, in their business activities, mark the goods or services as well as the trade mark to which they are owners or to which they have the right of use under a licence agreement.
(1) The proprietor of a collective mark has rights within the scope of Part Three of this Act, unless otherwise provided for in Part Five.
(2) Members or members of an association of entrepreneurs have the rights referred to in paragraph 1 within the scope of the contract.
(3) On request, the Office will allow everyone to consult the contract.
A collective mark may not be the subject of a licence, may not be transferred to another proprietor and may not be granted as collateral.
The period of protection of the collective mark shall be 10 years from the date of application for the collective mark. Paragraph 23 (2) shall apply to the renewal of the safeguard period.
(1) The collective mark shall cease under the conditions laid down in Article 24.
(2) Paragraph 25 and Article 26 shall apply to the removal of a collective mark, subject to the examination of compliance with Paragraph 2 (1) (b) taking into account Article 27 (1).
(3) The Office will also remove a collective mark from the Register if members or members of an association of entrepreneurs substantially infringe the collective mark contract.
RELATIONS TO THE FOREIGN
(1) The provisions of the international treaties by which the Czech Republic is bound are not affected by this law.
(2) Persons residing or having their registered office in the territory of a Member State of the Paris Convention (2) or in a Member State of the World Trade Organisation (2a) have the same rights as persons residing or having their registered office in the Czech Republic; where the State in which the person is domiciled or registered is not a Member State of the Paris Convention2) or a member of the World Trade Organisation (2a), the rights under this Act may be granted only under the conditions of reciprocity.
(3) Persons who do not have permanent residence or registered office in the Czech Republic must be represented in trade mark proceedings by a lawyer, a commercial lawyer or a patent representative.
(1) Persons residing or having their registered office in the Czech Republic may apply for international registration of a trade mark under an international agreement, 8) or for registration of amendments to the international registration via the Office.
Contents
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Regulation Information
| Citation | The full text of Act No. 400 / 2000 Coll., Act No. 137 / 1995 Coll., on Trade Marks, as is apparent from the amendments made by Act No. 191 / 1999 Coll. and Act No. 116 / 2000 Coll. |
|---|---|
| Regulation Type | Declared full text |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.11.2000 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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