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Trademarks
- Paris Convention
- Madrid Agreement
- Madrid Protocol
- PCT Convention
2. Trademark Act of June 21, 1995
3. Czech Law on Patents No. 173/2002
Trademarks
Filing the Application – Requirements:
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- Name and address of the Applicant
- Representation of the Mark
- List of goods and services according to Nice Classification
8th edition (Classes 1-45)
- Priority date, country and number and the original Priority
document which can be submitted subsequently.
- Power of Attorney simply signed by the Applicant. PoA can be
submitted subsequently. The term for submitting the PoA can be
extended several times
Registration Procedure:
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- The Application is filed and examined with the Patent and Trademark
Office (Office)
- The registration procedure takes two years as from the application
date
- The opposition can be filed against the published
Trademark Application within three months as from the date of publication
- Upon payment of registration fees the Trademark is valid for 10 years as from the application date
- Upon payment of renewal fees the Trademark will be extended
for a further 10 years. The renewal fees can be paid during the last
year of previous ten years protection period or up to six months after
the expiration date with a fine of 50% of the renewal fees
Recording changes in the Register:
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1. Assignment of rights
Requirements:
- Power of Attorney simply signed by the Assignor
- Power of Attorney simply signed by the Assignee
- Original Assignment document simply signed by the Assignor and
the Assignee or the copy of the Assignment document signed by the
Assignor and the Assignee and notarized by Notary public
Requirements:
- Power of Attorney indicating the new name, simply signed by
a representative of the Company
a) certificate from the Register of the companies evidencing change
of name or
b) statement of the Secretary of State evidencing change of name
Requirements:
- Power of Attorney indicating the new address, simply signed
by a representative of the Company
a) certificate from the Register of the companies evidencing change
of address or
b) statement of the Secretary of State evidencing change of address
Patents
Filing a Conventional Application
– Requirements
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- Name and address of the Applicant
- The name and address of the inventor(s) or a statement that
inventor does not wish to have his name mentioned in the application
- Priority date, country and number
- Description of Patent
- Patent Claims
- Drawings (if any)
- Abstract – summary of the invention
- The document showing the assignment of rights from the Inventors
in favor of the Applicant, simply signed by the Inventors –
can be submitted subsequently
- Power of Attorney simply signed by the Applicant – can
be submitted subsequently
- Priority document – can be submitted subsequently
- The Application is to be filed within one year as from the priority
date
- Translation of description, claims and abstract into local language,
can be filed subsequently.
Filing a National Phase of PCT Application –
Requirements [ top
]
- Name and address of the Applicant
- The name and address of the inventor(s) or a statement that
inventor does not wish to have his name mentioned in the application
- Description of Patent
- Patent Claims
- Drawings (if any)
- Abstract – summary of the invention
- Priority date, country and number
- International Search report
- International Preliminary examination report
- PCT Publication page
- The document showing the assignment of rights from the Inventors
in favor of the Applicant, simply signed by the Inventors –
can be submitted subsequently
- Power of Attorney simply signed by the Applicant – can
be submitted subsequently
- Translation of description, claims and abstract into local language,
can be filed subsequently.
Time limits for filing a National phase of PCT Application
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- The Application is to be filed with the Office
within 30 months as from the Priority Application date.
Registration Procedure
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- Application is to be published within 18 months as from the
application date or as from the priority date
- Request for full examination is to be filed within 36 months
as from the filing date or as from the International filing date
- Czech Republic is a member of the European Patent
Organization as from July 1, 2002
- 20 years as from the application date for
conventional Patents
- 20 years as from the International filing date for the National
phase of PCT patents
- 20 years as from the Europan filing date for EP
- the protection fees are to be paid annually, prior to the expiration
of the year for which the protection fees have been paid or six
months after the expiration of the protection period at the latest
with 50% fine
Recording changes in the Register:
[ top ]
1. Assignment of rights
Requirements:
- Power of Attorney simply signed by the Assignor
- Power of Attorney simply signed by the Assignee
- Original Assignment document simply signed by the Assignor and
the Assignee or the copy of the Assignment document signed by the
Assignor and the Assignee and notarized by Notary public
Requirements:
- Power of Attorney indicating the new name, simply signed by
a representative of the Company
a) certificate from the Register of companies evidencing change
of name or
b) statement of the Secretary of State evidencing change of name
3. Change of address
Requirements:
- Power of Attorney indicating the new address, simply signed
by a representative of the Company
a) certificate from the Register of companies evidencing change
of address or
b) statement of the Secretary of State evidencing change of address
Industrial Design
Filing the Application – Requirements
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- name and address of the Applicant
- name and address of the author or notice that the author chooses
not to be mentioned in the application
- information regarding the number of external shapes the protection
is requested for
- full and short title of the industrial design
- a two-dimensional presentation of the shape being the subject
of protection (photograph or a graphic presentation of the product
the protection is requested for)
- description
- Power of Attorney simply signed by the representative of the
Applicant. The PoA can be submitted subsequently
Registration Procedure
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- The Industrial Design Application is examined by the Patent
and Trademark Office. If the Application meets prescribed requirements,
the Office is issuing the Decision on grant.
- The fees are payable each five years
- 25 years as from the Application Date
Recording changes in the Register:
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Requirements:
- Power of Attorney simply signed by the Assignor
- Power of Attorney simply signed by the Assignee
- Original Assignment document simply signed by the Assignor and
the Assignee or copy of the Assignment document signed by the Assignor
and the Assignee and notarized by Notary Public
Requirements:
- Power of Attorney indicating the new name, simply signed by
a representative of the Company
a) certificate from the Register of companies evidencing change
of name or
b) statement of the Secretary of State evidencing change of name
Requirements:
- Power of Attorney indicating the new address, simply signed
by a representative of the Company
a) certificate from the Register of companies evidencing change
of address or
b) statement of the Secretary of State evidencing change of address
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