Trademark registration in the Czech Republic

Securing a trademark registration in the Czech Republic is a crucial step for businesses seeking to protect their brand identity and intellectual property rights within the European market. The Czech Republic is one of the most developed, prosperous and stable economies in Eastern Europe. The Czech Republic is located in the center of Europe, has a strategic location, which facilitates trade with neighboring countries and other major markets in the region. The Czech Republic has a free, open and transparent market economy, creating a favorable business environment for investors. The Czech Republic has a modern infrastructure, including a well-developed transport, telecommunications, energy and logistics system. In addition, the corporate tax rate in the Czech Republic is low compared to other European countries, creating an advantage to attract investment.

In addition, the government of the Czech Republic has many preferential investment policies, supporting domestic and international businesses. The Czech Republic is also a member of the European Union (EU) and the Organization for Economic Co-operation and Development (OECD), facilitating Czech businesses to access a large market. The Czech Republic is a country with many opportunities and challenges for businesses who want to invest here. To be able to differentiate your brand from other competitors, the important thing to do for every business is to register a trademark. Viet An Law would like to guide customers through the preliminary procedures for trademark registration in the Czech Republic through the article below.

Legal basis

• Law No. 441/2003 Coll., dated December 3, 2003, on Trade Marks and Amendments to Law No. 6/2002 Coll., on Courts, Judges, Presidents and State Administration on Courts and on Amendments to certain other Laws;
• Law No. 634/2004 Coll., dated November 26, 2004, on Administrative Fees (amended to Law No. 115/2020 Coll

Definition of “trademark” in the Czech Republic

In the Czech Republic, trademarks are defined based on their ability to distinguish goods and services. Here are the details:

• Trademarks can be any symbol.
• This notation may include the following elements:
  • Words, including names
  • Colour
  • Styles
  • Letter
  • Numeral
  • The shape of the goods or their packaging
  • Sound
• It is important that the trademark meets two main criteria:
  • Distinguishability: A trademark must be able to distinguish one business’s goods or services from others. This means that the trademark must not be generic or describe the product itself.
  • Ability to perform graphically: A trademark must be able to perform in a way that allows for clear and accurate identification in the trademark registry. This ensures clarity for both authorities and the public.

Conditions for trademark registration in the Czech Republic

Distinguishability

The most important factor is that the trademark of the business must be distinguishable. Trademarks need to distinguish the goods or services of the enterprise from competitors. This means that the trademark must not:

• General: Simply describe the product or service itself (e.g. “Red Shoes” for red shoes).
• Description: Simply conveys the qualities or characteristics of the product (e.g. “Strong Coffee” for coffee).

Graphical representation capabilities

• The trademark of the enterprise must be able to represent in a clear and accurate manner in the trademark register. This allows both authorities and the public to be visually identifiable. Trademarks can be specific images, logos, fonts, or combinations of elements.

Eligibility

• Any individual or legal entity can register a trademark in the Czech Republic.
• However, if the business does not have a business establishment or permanent residence in the Czech Republic, it will need a representative to handle the registration process.

Other considerations

• A business’s trademark must not be identical or confusing to existing registered trademarks.
• Trademarks must not violate public order or morals.
• Trademark registration fees apply, with costs depending on the number of groups of products/services the business wants to protect.

Trademark registration documents in the Czech Republic and fees

Apply:

• The trademark application is submitted to the Intellectual Property Office (Úřad průmyslového vlastnictví), address Antonín Čermáka 2a, Prague 6, postal code 160 68.
• Each application contains only one registered trademark.
• Any individual or legal entity can file a trademark application.
• The applicant shall be given preference over later applicants in terms of the same or confusing trademark for the same class of goods or services.

Contents of the application:

• The application form must contain (see instructions for filling out the trademark application below)
  • Image, main symbol or other expression of a registered trademark
  • Details of the applicant
  • A specific list of protected goods and services, including the Nice Classification for trademark purposes.

Application fee

• Submitting an application must be accompanied by an administrative fee.
• The application fee must be paid within 1 month from the date of receipt of the application. If payment is not made within the stipulated period, the application will be deemed unsubmitted.
• The office does not send payment requests.

Payment of fees

• The administrative fee shall be paid in cash at the administrative toll counter of the Office, by invoice or bank transfer from the applicant’s account/
• If a payment for a trademark has been previously filed, the applicant must identify each payment with a variable code based on the case number of the application. This is a maximum 10-digit code, formulated as follows: Digit 3 and trademark filing number, for example, for an application with file number O-452385, the variable code is 3452385.
• In this case, the applicant’s account name must be the same as the applicant’s (or their representative) name.
• Administrative fees can also be paid by tax stamps (only up to 5,000 CZK).

How to file a trademark application in the Czech Republic

To file for trademark protection in the Czech Republic, you can apply by the following filing methods:

• Direct submission: You can go directly to  the Intellectual Property Office (Úřad průmyslového vlastnictví), Antonín Čermáka 2a, Prague 6 to submit the application and related documents.
• By Post: You can send your application and all necessary documents via postal service or courier service to the address of the Intellectual Property Office (Úřad průmyslového vlastnictví), Antonín Čermáka 2a, Prague 6, postal code 160 68.
• Submit online via website:

https://upv.gov.cz/en/ip-rights/forms-and-their-submission/forms-for-filing-on-line When applying online, you should pay attention to the payment of the relevant fee according to the instructions of the Intellectual Property Office (Úřad průmyslového vlastnictví).

Registration of trademark protection in the Czech Republic through the Madrid System

The Madrid system is a convenient and cost-effective solution for global trademark registration and management. File a single international trademark application and pay a one-time fee to apply for protection in up to 130 countries. Claimants can modify, renew or expand their global trademark portfolio through a centralized system.

Madrid Agreement:

• The Czech Republic joined the Madrid Agreement on 1 January 1993.
• The Madrid Agreement allows trademark owners to register their trademarks in a single member state (“country of origin”) and then extend protection to other member states (“nominating countries”) through a single international application.

Madrid Protocol:

• The Czech Republic accessed the Madrid Protocol on 25 September 1996.
• The Madrid Protocol modernizes and simplifies the international registration system of trademarks established under the Madrid Agreement.
• The Madrid Protocol allows trademark owners to designate additional member states to an international application already filed under the Madrid Agreement or Madrid Protocol.

Trademark registration dossier under the Madrid System

The Madrid Singles consist of the Madrid Singles of Vietnamese origin and the Madrid Singles with the Czech Republic designation.

For the Madrid Application of Vietnamese origin, the applicant must submit through the state management agency for industrial property rights, i.e. the National Office of Intellectual Property of Vietnam. According to Article 25 of Decree 65/2023/ND-CP, a Madrid application of Vietnamese origin includes the following documents:

• Declaration of request for international registration of a trademark of Vietnamese origin (Form No. 01 in Vietnamese in Appendix II of Decree 65/2023/ND-CP);
• 02 MM2 declarations according to the form of the International Office in English or French;
• 02 trademark samples exactly as the trademark in the application filed in Vietnam (establishment application) or trademark registration certificate (establishment registration);
• 02 MM18 declarations in English (if the application has a US designation);
• Written authorization in Vietnamese (According to the form of Viet An Law Firm);
• Documents of payment of fees for international registration of trademarks of Vietnamese origin;
• Other relevant documents (if necessary).

Application fees through the Madrid System

The fees include:

• Basic fee (653 Swiss francs; or 903 Swiss francs for a color mark) (Note! A 90% discount applies if the applicant lodges an application with the Intellectual Property Office of a developing country at least); and
• Additional fees depend on where the claimant wishes to protect his trademark and the number of groups of goods and services he or she wishes to register. In order to expand its geographic reach, or modify or renew its international registration, the applicant will have to pay additional fees.

Trademark registration service in Czech Republic of Viet An Law Firm

• Carry out the search and notify customers in writing of the results of trademark search in the Czech Republic;
• Drafting dossiers and directly submitting and monitoring the status of trademark application filings in the Czech Republic on behalf of trademark owners;
• Inform, advise and handle deficiencies/refusals of competent State agencies (if any) in the process of monitoring trademark applications in the Czech Republic;
• Support monitoring, representing the resolution of objections and feedback with intellectual property representatives carrying out procedures in the Czech Republic.
• Receive dispatches, certificates and hand over to customers (if any).

If you want to apply for trademark registration in the Czech Republic, please contact Viet An Law Firm for the most effective support.