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Is there a time frame for the trademark registration approval?
The average time frame for the registration approval is 9 months, if no objections or oppositions arise.
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If I register my trademark in Czech Republic, do I have protection in other territories?
No. The territorial limit of your mark’s protection is Czech Republic only.
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Do I need to sign a Power of Attorney?
Yes. A power of attorney must be submitted upon filing of application.
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Are there any benefits from using the trademark before filing?
Yes. We recommend pre-filing use of the mark to avoid oppositions based on non-distinctiveness.
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Will there be problems in case I don’t use my trademark after registration?
Yes. Not using your registered mark may result to authorities proclaiming it as invalid.
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What are the types of trademark that can be registered in Czech Republic?
Any sign that is graphically reproducible and is capable of showing the difference of a good or service from others is accepted for registration.
- Names
- Words
- Slogans
- Colors
- Shapes (with three dimensions)
- Devices
- Holograms
- Sounds
- Trade dress
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What are the phases of application after a trademark has been filed in Czech Republic?
The sequence of the application procedure is as follows:
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Examination – The trademark authorities will examine the application if it is compliant in terms of: formalities, descriptiveness, classification, and distinctiveness. The mark must not be in conflict with other applications and it must not be deceiving to the public.
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Publication – The specific details of the application will be published online for interested parties to see. Particulars include: mark, goods and services, name and address of applicant, date and number of application, representation and priority claim.
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Registration – After the prosecution and once the obstacles have been overcome, the registration will be issued.
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What type of trademark is non-registrable?
Applicants cannot register the following marks:
- Marks that have issues with morality and public order
- Generic words or general terms
- Marks that serve mainly as a surname
- Marks that serve mainly as a name of a geographic location
- Marks that lack distinctiveness
- Use of flags, names or symbols of nations, states, regions or international organizations
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Does Czech Republic use the "Nice Classification" system?
Yes. Nice Classification system is effective in this jurisdiction.
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Does the Community Trademark apply for Czech Republic?
Yes. European Union Trade Mark takes effect in this jurisdiction.
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Is there any possibility to claim priority in Czech Republic?
Yes. You may claim the filing date in your home country as the filing date in this jurisdiction if:
- Your home country is a member of the Paris Convention
- The filing date in your home country is less than 6 months from the date of filing application in this jurisdiction
- The international registration can be based in this jurisdiction
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What do I need to do to satisfy the use requirement?
You must use a registered mark within 5 years from the date of its registration. It must be on a commercial scale and must occur in this jurisdiction.
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Once my trademark has been registered, for how many years will be valid?
The registered mark will be valid for 10 years.
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What will be the renewal date of my trademark?
The first renewal date is computed 10 years from the date of filing your application.
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Is it legal to use my trademark even if it is not yet registered?
Yes. You may legally use an unregistered mark for goods or services.