Act No. 8 / 1952 Coll.
Law on trade marks and protected designs
Valid
Effective from 01.04.1952
8.
Law
of 28 March 1952
on trade marks and protected designs.
The National Assembly of the Czechoslovak Republic decided on the following Act:
Trademarks.
In order to enable undertakings to distinguish their products or goods (hereinafter referred to as "products') from other products of the same kind and thus to facilitate the choice of products that have been certified and thereby show their responsibility for their quality on the outside, undertakings may mark their products.
(1) The trade marks may include words, images and other marks both surface and spatial.
(2) Trademarks cannot be marks:
(a) which do not have a distinctive character or which contain exclusively descriptive indications, unless they have become indicative of products originating in an undertaking in the economic sector concerned;
(b) which may deceive customers; or
(c) the use of which would be contrary to the general interest or international convention or practice.
Trademarks shall be entered in the Register of Trademarks upon application.
Once the trade mark application has been issued, the applicant shall have the right of priority before any person who subsequently applies for registration of the same mark for products of the same kind.
(1) The undertaking for which the trade mark is registered (proprietor of the trade mark) has the exclusive right to bear the trade mark from the moment of the date of its application.
(2) Without the consent of the proprietor of the mark, no trade mark or mark which may be interchangeable with it may be used in economic contact for products of the same kind, in particular not to place it on products, on their packaging, on containers in which the goods are contained, on labels attached or on forms attached.
The right of the proprietor of the mark shall not be against those who, at the time of the application of the trade mark, have already used the same or interchangeable marks for a product of the same kind, where the mark was in the economic sector in question, which is a characteristic of the product of his undertaking (holder of the unregistered mark).
(1) The period of protection of the registered mark shall be ten years; starts as soon as the stamp application is out. The period of protection may be extended to the renewal of the registration for another 10 years.
(2) An application for renewal may be lodged not earlier than the last year of the protection period and no later than three months after the expiry of the registration.
(3) The additional period of protection shall be calculated from the end of the last period of protection.
(1) When the registration is renewed, only those amendments which do not affect either the overall character of the trade mark or any essential element thereof shall be permitted.
(2) If, on renewal of registration, the list of products is extended by a protected mark, the newly mentioned products will be protected only from the beginning of the new safeguard period.
(3) Where a trade mark has been gradually registered in respect of products of different species, it is possible to combine later entries of the mark for products of another species in the common mark when the earliest registration is renewed. the beginning of the original protective period shall remain unchanged for each type of product.
(1) A trade mark may be transferred only with the undertaking for which it is registered or with the agreement of the Office for Inventions and Improving Ideas, if the economic activity of the undertaking is reorganised.
(2) The transfer of a trade mark shall take effect by entry in the register of trade marks.
(1) The right of the proprietor of the mark shall cease:
(a) the expiry of the period of protection if the registration is not renewed;
(b) as soon as the proprietor of the mark has been notified that he has waived his right.
(2) The termination of the right shall be entered in the register of trade marks.
(1) The trade mark shall be removed from the register:
(a) if it is found that the mark has been registered inadmissible (Paragraph 2 (2)),
(b) following a decision on the removal of a trade mark.
(2) If the mark is deleted, it shall be considered as if it had not been registered at all.
(1) The proprietor of the mark may request the deletion of a trade mark which has been registered at a later date for another undertaking and for products of the same kind and which is the same as or interchangeable with the trade mark of the applicant.
(2) The holder of an unregistered mark (Paragraph 6) may seek the deletion of the mark if it is identical to or interchangeable with the mark and if three years have not passed since its registration. The proposal for erasure will not be granted if the defendant is using this mark for at least the same time as the applicant.
The proprietor of a later registered mark may request the finding that his trade mark is not interchangeable with the earlier registered mark or that it is registered for products of another kind. The appellant must certify his legal interest in the finding.
Provisions common, transitional and final.
The provisions of international conventions and legislation implementing this law are not affected.
Strangers have the same rights as Czechoslovak citizens under conditions of reciprocity and to its extent.
Those who are not domiciled or registered in the territory of the Czechoslovak Republic shall be represented by one of the organisers or by one of the persons designated by the State Office of Planning in an agreement with the participating ministries in accordance with this Act and the regulations issued under it.
(1) The right of priority under the provisions of international conventions shall be exercised by the applicant already in the application for a trade mark or a protected design.
(2) In one application, the right of priority under international conventions can be exercised only from one earlier application.
(1) The application of trade marks and protected designs under this Act and the provisions issued under it shall be exercised by the Office for Inventions and Improving Ideas. keep a register of trade marks and a register of protected designs. The patent corps shall decide on the complaint until its decision at the State Office of Planning.
(2) Everyone shall have the right to inspect registers and to require official extracts or certificates of their content.
Samples (models) registered under existing legislation shall continue to be protected under those legislation; However, rules issued under this Act apply to proceedings.
The Minister-President of the Planning Office is hereby authorised to issue, in an agreement with the Ministers concerned, regulations on the procedure for trade marks and designs, to lay down details in particular of the formalities for applications, the keeping of registers, the registration in them, the manner and extent of publication of them, and other necessary provisions for the implementation of this Act.
All provisions on matters governed by this law shall be repealed, in particular:
1. Law No 19 / 1890 on the protection of marks,
2. Government Decree No. 30 / 1933 Coll., on the documents needed to prove the priority right in the application of stamps,
3rd Government Decree No. 204 / 1933 Coll., on Prints and Plates of Trade Marks,
4. imperial patent No. 237 / 1858, on the protection of samples and models for industrial products,
5. Regulation No 107.709 / 1907 K. M. (business), on the legal protection and registration of industrial samples,
6. Government Decree No. 31 / 1933 Coll., on the documents needed to pass priority rights on applications for designs and models,
it is changing and complementary, as amended.
This Act shall take effect on 1 April 1952; It shall be implemented by the Minister-President of the State Office planning it in agreement with the participating members of the Government.
Gottwald v. r.
Dr John v. r.
Zaporocký v. r.
Ing. Púčik v. r.
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Regulation Information
| Citation | Act No. 8 / 1952 Coll., on Trade Marks and Protected Designs |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 07.04.1952 |
|---|---|
| Effective from | 01.04.1952 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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