Have you designed an interesting product? Has your business taken off and is gaining a name for itself? Avoid the situation in which many of our clients have found themselves – the competition started marketing a similar product under the same brand or name as theirs. This article sums up everything that you need to know about trademarks in the Czech Republic.
Act on trademarks states that “a trade mark may consist of any sign capable of being represented graphically, particularly words, including personal names, colours, designs,
letters, numerals, the shape of goods or their packaging, provided that such sign is capable of
distinguishing goods or services of one undertaking from those of another undertaking.”
The trademark must therefore comply with the standard defined by the law (we’ll discuss the possibilities one at a time later), while being distinctive. It’s the distinctiveness that separates it from the competition. Let’s illustrate with an example. Our company couldn’t register the “Attorney” trademark, as such a term isn’t distinctive enough. However, referring to our firm as “Your Attorneys Online” will clearly separate us from the competition.
Tip: When launching your business, remember to enter into a non-disclosure agreement (also known as a confidentiality agreement, secrecy agreement or proprietary information agreement) to protect your know-how.
A trademark is a kind of intellectual property and exists in several forms:
Your Attorneys Online advise:
Trademarks registered for use within the European Union may also come in the form of a sound, smell or hologram. What’s essential, however, is that all the forms we’ve named so far only count as a definition of your brand – the definition becomes a trademark only when registered.
A mistake may not manifest itself until you launch the business and the competition starts parasitizing you. Entrust the registration into our hands; we’ll make sure it’s done properly.
Leave trademark registration to professionals
Any physical or legal person may register a trademark. However, a person who neither owns an establishment actually located or headquartered in Czechia, nor has their permanent residence here, must be represented when registering a trademark.
Moreover, it’s only possible to register products or services that are subject to your business, that is, those that have a direct link to the business type specified in your trade licence.
Tip: Naturally, a solicitor or patent attorney may represent you.
The Industrial Property Office handles the registration. You automatically gain the priority right upon handing in the application, which prevents others from registering the same or an interchangeable trademark.
The trademark registered thus is only valid within the Czech Republic. If you’re planning to expand, you can also register European Union or worldwide trademarks.
Your Attorneys Online advise: Registering a European Union trademark is incomparably easier than registering separately in each country. It’s valid in all the current E.U. countries as well as in those that might become E.U. members at a later time. You need to apply to EUIPO (European Union Intellectual Property Office). However, their fees are considerably higher: 850 € for one class, 900 € for two, and 150 € for each additional class.
As a trademark owner, you gain the right to its exclusive use, i.e., no one else is allowed to use or copy it. Also, you are entitled to use the ® symbol.
A trademark guarantees that no other subject uses an identical or interchangeable trademark for the same or similar products or services.
Tip: However, the competition may well register a similar trademark in another class.
In such a case, you may petition the court to order the product or service withdrawn from the market and claim eventual damages. On the other hand, you may wish to grant another subject the right to use your trademark. You can do so by the means of a licence agreement, in which you can define any and all conditions and charges.
Trademark infringement is a criminal offence punishable with disqualification, asset forfeiture or imprisonment.
Whether you’re planning to register a trademark or fight the competition, an experienced business solicitor will come in handy. Order our package to get hours of consultations to make clear the issues at hand – whether they be drafting or inspecting an agreement, defending in court, or submitting the application for trademark registration.
And last but not least, don’t miss our article on effectively protecting a copyright.
Our team of experienced attorneys will help you solve any legal issue. Within 24 hours we’ll evaluate your situation and suggest a step-by-step solution, including all costs. The price for this proposal is only CZK 690, and this is refunded to you when you order service from us.
Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.
In person and online. Just choose the appropriate service or opt for an independent consultation when you are unsure.
