Decree No. 97 / 2004 Coll.
Order implementing the Trade Marks Act
Valid
Effective from 01.04.2004
97
DECLARATION
of 20 February 2004
to implement the Trade Marks Act
The Industrial Property Office provides pursuant to Section 53 of Act No. 441 / 2003 Coll., on Trade Marks and Amendment to Act No. 6 / 2002 Coll., on Courts, Judges, Addresses and Government Administration of the Courts and on the amendment of certain other laws (Law on Courts and Judges), as amended, (Law on Trade Marks), hereinafter referred to as "the Law":
WITHDRAWAL MARKS
Application for a trade mark
(K § 19 of the Act)
(1) The application for a trade mark ("application") shall also state:
(a) an indication of whether the mark is to be entered in the register of trade marks (hereinafter referred to as "the register") in the normal letter or in the graphic version, or whether it is a visual sign or a spatial mark; where the designation contains particulars in letters other than Latin, the applicant shall enter the transcription of those particulars in Latin,
(b) an indication of whether the designation is only a colour or a combination of colours, including the name or colour number, indicating the name of the colour sample list used.
(2) If the sign applied for is not in the normal font, the applicant shall attach three pictures of the name A8 to A4 which are able to clearly reproduce the label in all details; where the application is submitted in electronic form signed electronically in accordance with a specific legislation, (1) the applicant shall attach a single representation.
(3) On the application, the Industrial Property Office (hereinafter referred to as "the Office") shall indicate the date of its submission and assign to it the file number.
(4) If the administrative fee provided for in Article 19 (3) of the Act has not been paid within the prescribed period, the Office shall inform the applicant that the application is therefore deemed to be pending.
Comments
(K § 24 of the Act)
Comments on the application shall include:
(a) the name and surname, the address of the place of permanent residence and, where applicable, the address for service of a natural person or a commercial firm and, where appropriate, the other name and registered office of the legal person (hereinafter referred to as "identity details") who made comments,
(b) details of the file number of the application, including details of the applicant's identity (hereinafter referred to as the application details);
(c) the factual reasons for the comments,
(d) signature.
Objections
(K § 25 of the Act)
(1) Any objection to the registration of a trade mark shall include:
(a) details of the identity of the opposing party (hereinafter referred to as the objector),
(b) details of the application against which the opposition is directed;
(c) the description of the goods or services to which the opposition relates or the indication that the opposition relates to all the goods or services listed in the application;
(d) a substantive statement of objection;
(e) which the objector seeks,
(f) signature.
(2) The opposing party shall demonstrate the justification for his submission of evidence enabling each objection to be heard.
(3) Opposition, including evidence, shall be submitted in duplicate.
Modification of the application or registered trade mark
(Paragraph 27 (2) and (4) of the Law)
The application for modification of an application or a registered trade mark shall contain:
(a) particulars of the application or particulars of the file number of the application and of the registration and of the identity of the proprietor of the trade mark (hereinafter referred to as "trade mark data"),
(b) the adjustment required;
(c) signature.
Division of application
(Paragraph 27 (5) of the Law)
The application for division of the application shall contain:
(a) details of the application;
(b) an indication of how the applicant requests to divide the application together with a list of the goods or services covered by the split application, indicating the order of classes according to international classification2), together with the appropriate class number and the priority date for each of the divided applications,
(c) signature.
Change of owner
(K § 15 and 16 of the Act)
(1) The application for registration of a change to the proprietor of a trade mark shall include:
(a) particulars of the application or trade mark;
(b) details of the identity of the proprietor of the trade mark;
(c) an indication of whether the trade mark is transferred or 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 classification (2), together with the appropriate class number;
(d) signature.
(2) When a trade mark is transferred, the application shall be accompanied by a transfer document or an extract from the transfer document or, where appropriate, another document proving the change of the proprietor of the trade mark; the application shall be accompanied by a proof of the crossing of the trade mark. 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 transfer of the application.
(4) The application for a change of the proprietor of a trade mark pursuant to Article 16 of the Act shall be accompanied by a final judgment of the court concerning the change of the proprietor of the trade mark.
Other rights
(K § 17 of the Act)
(1) The application for registration of a trade mark lien, enforcement or execution, bankruptcy or settlement proceedings in the register shall include:
(a) trade mark particulars;
(b) details of the identity of the authorised person;
(c) signature.
(2) An application for registration of a trade mark lien shall be accompanied by a lien, a judgment of the court or administrative office.
(3) An application for enforcement or execution shall be accompanied by a final judgment of the court, administrative authority or order of execution.
(4) An application for registration of bankruptcy proceedings or settlement proceedings shall be accompanied by a decision of the court.
(5) Where proof of other rights is provided in a language other than the Czech language, the Office may request a translation thereof.
Licences
(K § 18 of the Act)
(1) The application for registration of a licence contract shall include:
(a) trade mark particulars;
(b) details of the identity of the licensor;
(c) details of the identity of the licensee;
(d) the description of the goods or services covered by the licence contract or the indication that the licence contract covers all the goods or services;
(e) whether the licence is exclusive or non-exclusive;
(f) signature.
(2) The application for registration of a licence contract shall be accompanied by a licence contract or other document proving the granting of the licence. If the licence contract or other document is in a language other than the Czech language, the Office may request a translation thereof.
Renewal of the trade mark
(K § 29 of the Act)
(1) The application for renewal of a trade mark shall include:
(a) trade mark particulars;
(b) signature.
(2) Where a request for the renewal of a trade mark is included in the application for renewal of a trade mark to restrict the list of goods or services for which the trade mark is to be renewed, the proprietor of the trade mark shall list the goods or services to which the list is restricted or the list of goods or services to be omitted from the list.
Application for revocation or declaration of invalidity
(K § 34 of the Act)
(1) The application for revocation or for a declaration of invalidity shall contain:
(a) trade mark particulars;
(b) details of the applicant's identity,
(c) the description of the goods or services to which the application for revocation or declaration of invalidity relates or the indication that the application relates to all goods or services;
(d) the substantive justification for the proposal,
(e) what the appellant seeks,
(f) signature.
(2) An application for revocation or declaration of invalidity, including evidence, shall be made in duplicate.
(3) The applicant demonstrates the justification for the application for revocation or for the declaration of invalidity of evidence enabling the application to be dealt with.
Register
(K § 44 of the Act)
(1) The register contains:
(a) the file number of the application;
(b) the registration number of the trade mark,
(c) the date of filing of the application;
(d) the date of priority;
(e) the date of publication of the application in the Office's Bulletin or, in the case of the transformation of a Community trade mark into a national trade mark, the date of publication in the Office's Bulletin of Harmonization in the Internal Market (marks and designs);
(f) the date of registration of the trade mark;
(g) the text or representation of the trade mark; where the trade mark contains particulars in letters other than Latin and the applicant has provided such particulars in the application, a transcription of those particulars into Latin,
(h) an indication of whether the trade mark is composed only of a colour or a combination of colours including a name or colour number indicating the name of the colour sample book used;
(i) class of the figurative elements of the trade mark, 3)
(j) details of the identity of the proprietor of the trade mark;
(k) the type of trade mark;
(l) the goods or services for which the trade mark is registered, ranked in the order of classes of international classification2) together with the appropriate class number;
(m) limitation of the scope of protection;
(n) transfers or transfers of a trade mark, including details of the identity of the transferee;
(o) other trade mark rights and details of the identity of the authorised person;
(p) trade mark licensing agreements and details of the identity of the licensee;
(q) the date of renewal of the registration of the trade mark;
(r) details of the identity of the members or members of the legal person or members of the association authorised to use the collective mark;
(s) details of the identity of the applicant's representative or owner;
(t) the revocation of the trade mark, the declaration of invalidity or any other revocation of the right to trade mark, including the waiver of the right to trade mark;
(u) other relevant data, as determined by the Office.
(2) The register is also made available in electronic form through the public administration portal.
Application for international registration
(K § 47 of the Act)
(1) Where a trade mark is registered, the application for international registration of a trade mark shall include:
(a) trade mark particulars;
(b) the text or representation of the trade mark which is identical to the text or representation in the register; where the trade mark is registered in a letter other than Latin, or contains, where appropriate, other than Arabic or Roman numerals, a transcription of the trade mark in Latin which is governed by French or English pronunciation rules according to the type of international application, 4) and a transcription of the Arabic numerals,
(c) particulars of the identity of the applicant which must be identical to those of the proprietor of the trade mark registered or, where appropriate, of the representative;
(d) a list of goods or services which may not be wider than the list of goods or services for which the mark is registered, in precise translation into French or English according to the type of international application, 4) classified in the order of classes of international classification (1), together with the appropriate number of such classification;
(e) the list of Contracting Parties to the international agreement, (4) where protection is requested;
(f) the method of payment of fees for international registration under the international agreement, (4) details of the identity of the payer or, where applicable, the World Intellectual Property Organisation's certificate number based 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 or English according to the type of international application; (4) if the trade mark is composed only of colour or combination of colours, the particulars of that fact,
(h) signature,
(i) other formalities required by the international contract (4)
(2) If the trade mark is not yet registered, the application for international registration of the trade mark shall contain the particulars of the application, the date of its filing with the Office and the particulars referred to in paragraph 1 (b) to (i).
(3) The application for international registration of a trade mark in a letter other than that in force shall be accompanied by three pictures of the trade mark applied for, measuring at least 15 x 15 mm and a maximum of 80 x 80 mm. The sign applied for, including the colour version, shall be the same as that in the application or the trade mark registered.
Application for registration of amendments to international registration in the international register of trade marks
(K § 47 of the Act)
The application for each individual amendment shall include:
(a) the international trade mark number;
(b) the number of the file of the international trade mark, if any;
(c) details of the identity of the proprietor of the international trade mark;
(d) an indication of the requested action;
(e) the method of payment of fees for the operation under the international agreement, (4) details of the identity of the payer and, where applicable, the number of the international office's confirmation of the payment already made;
(f) other elements required by the international agreement, 4)
(g) signature.
Community trade mark
[K § 49 and § 50 (1) (d) of the Act]
(1) The costs of submitting the application for a Community trade mark 5) The Office for Harmonization in the Internal Market (stamps and designs) are set at CZK 500.
(2) An application for the initiation of a national procedure for the conversion of a Community trade mark application or a Community trade mark to an application for a national trade mark other than a word version shall be accompanied by three pictures of the trade mark applied for, which shall be able to clearly reproduce the mark in all details, the size of the A8 to A4; if the application is made in electronic form signed electronically in accordance with a specific legislation, (1) the applicant shall attach one representation.
EFFECTIVE
This Decree shall enter into force on 1 April 2004, with the exception of Article 14, which shall take effect on the date of entry into force of the Treaty of Accession of the Czech Republic to the European Union.
Chairman:
Chad v. r.
1) Act No. 227 / 2000 Coll., on Electronic Signature, as amended.
2) The Nice Convention on the International Classification of Goods and Services for the Registration of Marks of 15 June 1957, revised in Stockholm on 14 July 1967 and in Geneva on 13 May 1977, published under No 118 / 1979 Coll., as amended by Decree No 77 / 1985 Coll.
3) Vienna Agreement of 12 June 1973 on the international classification of image elements of trade marks, supplemented by 1.10.1985.
4) The Madrid Agreement on the International Registration of factory and trade marks of 14 April 1891, revised in Brussels on 14 December 1900, in Washington on 2 June 1911, in The Hague on 6 November 1925, in London on 2 June 1934, in Nice on 15 June 1957 and in Stockholm on 14 July 1967, published under No 65 / 1975 Coll., as amended by Decree No 78 / 1985 Coll., and the Protocol to the Madrid Agreement on the International Registration of Trade Marks negotiated in Madrid on 27 June 1989, published under No 248 / 1996 Coll.
5) Regulation No 40 / 94 of the Council of the European Communities of 20 December 1993 on the Community trade mark, Regulation No 3288 / 1994 of the Council of the European Communities of 22 December 1994 and Regulation of the Council of the European Communities of 27 October 2003.
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Regulation Information
| Citation | Decree No. 97 / 2004 Coll., implementing the Trade Marks Act |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 04.03.2004 |
|---|---|
| Effective from | 01.04.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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