Czech Republic

Trademarks

• Filing the Application – Requirements
• Registration Procedure
• Opposition
• Duration
• Recording changes in the Register

Patents

• Filing a Conventional Application – Requirements
• Filing a National Phase of PCT Application - Requirements
• Time limits for filing a National phase of PCT Application
• Registration Procedure
• European Patent
• Duration
• Recording changes in the Register

Industrial Designs

• Filing the Application – Requirements
• Registration Procedure
• Duration
• Recording changes in the Register

• Conventions:
  • - Paris Convention
  • - Madrid Agreement
  • - Madrid Protocol
  • - PCT Convention
  • - EPC
• Czech Patent Act of 1 January 1991
• Czech Trademark Act of 1 April 2004

Trademarks

• Filing the Application – Requirements: (top)
  • 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: (top)
  • The Application is filed and examined with the Patent and Trademark Office (Office)
  • The registration procedure takes 6-9 month (no opposition filed) as from the application date
• Opposition: (top)
  • The opposition can be filed against the published Trademark Application within three months as from the date of publication
• Duration: (top)
  • 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 100% of the renewal fees
• Recording changes in the Register: (top) 1. Assignment of rights Requirements:
  • Power of Attorney simply signed by the Assignee
  • 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
  2. Change of name Requirements:
  • Power of Attorney indicating the new name of the company, simply signed by the 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
  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 the companies evidencing change of address or
  • b) statement of the Secretary of State evidencing change of address

Patents

• Filing a Conventional 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
  • Priority date, country and number
  • Description of Patent
  • Patent Claims
  • Drawings (if any)
  • 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 (top)
  • The Application is to be filed with the Office within 31 months as from the Priority Application date
• Registration Procedure (top)
  • 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
• European Patent (top)
  • Czech Republic is a member of the European Patent Organization as from 1 July 2002
• Duration (top)
  • 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 100% fine
• Recording changes in the Register: 1. Assignment of rights Requirements: (top)
  • 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
  2. Change of name 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 (top)
  • 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)
  • Power of Attorney simply signed by the Applicant – can be submitted within one month as from the Application date. This term can be extended for an additional two months
• Registration Procedure (top)
  • 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
• Duration (top)
  • 25 years as from the Application Date
• 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 copy of the Assignment document signed by the Assignor and the Assignee and notarized by Notary Public
  2. Change of name 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