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Trademarks and designations in the CR

photo:  (sxc.hu)

Trademarks are governed by legal provisions, in particular by Act no. 441/2003 Coll., on Trademark, according to which a trademark is understood as a designation consisting especially of words, letters, numerals, colour, drawing or shapes of products or packages, which have the purpose of distinguishing products or services manufactured by particular persons from the services, or the services of a different person. 

The following groups of trademarks are used in the Czech Republic:
  • national trademarks,
  • international trademarks (based on international contracts),
  • trademarks of European Communities (sometimes imprecisely referred to as “Trademarks of the European Union”),
  • generally known trademarks.
A trademark can be owned by both physical and legal persons, who have the exclusive right to use the trademark for the products and services that it protects. The person also has the right to use the ® sign for the trademark. No one else can use the trademark in business relations without the approval of the owner.

Usage of the trademark is understood as:
  • placing the designation on products and their packages,
  • offering products with this designation or their market introduction or storing for this purpose, or offering or providing services with this designation,
  • import or export of products with this designation,
  • using the designation in business documents and commercials
A trademark can be registered by completing a written and fixed form at the Industrial Property Office, which is the main organ of the state administration of the Czech Republic for protecting industrial property. This office especially fulfils the function of patent and trademark office. Its scope of activity includes issuing of patents for inventions and administrating the list of trademarks. 

The owner of the trademark receives the exclusive right to use the trademark by registering with the trademark register. The validity of the registration is 10 years but the owner can prolong this period by completing a renewal form of the registration for another 10 years. The maximum period for registering the trademark is not limited, so it is possible to prolong its validity several times.

You can find detailed information about trademarks and the trademark register at the web site of the Industrial Property Office.
Author: Ivana Jenerálová
Source: businessinfo.cz
Added: 04.12.2012

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