WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights IP/N/I/SVKlT/l 
11 July 1996 
(96-2715) 
Original: English! 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
Slovak Republic 
The present document reproduces 1 the Trademark Law, No. 174 of 8 November 1988, as notified 
by the Slovak Republic under Article 63.2 of the Agreement (see document IP/N/lISVK/I). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
Republigue slovague 
Le present document contient le texte de la Loi n· 174 du 8 novembre 1988 sur les marques 
de fabrique ou de commerce 1 , notifiee par la Republique slovaque au titre de l'article 63:2 de l' Accord 
(voir le document IP/N/1/SVK/l). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD DEL 
pARRAFO 2 DEL ARTiCULO 63 DEL ACUERDO 
Republica Eslovaca 
En el presente documento se reproduce 1 la Ley de Marcas de Fabrica, N° 174, de 8 de noviembre 
de 1988, notificada por la Republica Eslovaca en virtud de 10 dispuesto en el parrafo 2 del articulo 63 
del Acuerdo (vease el documento IP/N/lISVKlI). 
lEnglish only langlais seulement/ingles solamente. cs IP/N/1/SVKlT 11 
Page 2 
l..-\\\"S ,·':-':1) Tl{l~ATII£S 
CZECHOSLOV AKJA 
Trademark Law 
(No. 174 of Non:mber 8, 1988)* 
CONTENTS·· 
S,·,'li'JIIS 
GI! ncl':) I Pro\"jsions •••••••••• ,', ••• , ••••••••••• 1 \07 
Proct'dun: for Filing Applic:llions l'Or lhl: Rccis1r.nion of Trade· 
m:ults ,.,',., ••••••••••••••••••••••••••••• 8 lO 12 
Il Olnd 14 
I~ \0 18 
191021 
22 !1nl! 21 Tcrm of Prolcclion :lnd Renew:.l of Rcgistralions ••••••••••• 
Rights ofTr:1dcm:uk Owners •••••••••••••••••••••• 
Oblig:llions of Tt:ldcm:uk Owners ••••••••••••••••••• 
Tcrmin;;uion o( Rights in :1 Trademark ••••••••••••••••• 
Pcn:1hic$ ••••••••••••••••••••••••• : •••••••• 24 
Common. Tl':)nsilion:l1 and Final Provisions ••••••••••••• 
General Provisions 
1. This uwgov~rrls 'the legal situation deriving 
from the filing of applications for registr.:ltion of trade­
mark~ .from their registr:ltion and from their social 
expI6ltatio~:':Its purpose is to ensure elfective Jeg611 
protection for tr.l"dcmarks and their exploitation and to 
increase the intloc:m.:c: exerted by trademarks on the: 
sense of responsibility of manufacturers of goods and 
suppliers of scrvic~s. 
:2. A trademat.k, i.s a sign,. which may be: verbal, ligu­
rJlivc. three-dimclIs"lumu" 'or combined, capable of 
JtTording a distinctive nature to (he goods or services of 
the various manufacturers or suppliers and which is 
• c:,'"Ir 1Il/,': l.:ikon le dne S: JiSIOIl:HJu 19S8 0 ochr:lnn~",h 
,n:imbch. 
I::lllr.\· llllU.liJrn·: J:InU:lry I. 1989.. 
SU/lrt"": Sbi,k,,· ;liklJl/I" t(sJ..uslun·lIJk,~ s(}(:iu/iJltd .. ,; r'·ll/IbltJ,~\;· 
1(",-,lk(lion of L~w~ of Ihe Clccho~lov:1k SCXi:lliu RL'publicl Nu. 
I 7~/1 '.l:ilL Ihe: French Ir:lml:lIion of which wu communlL':aICtl b,· tile 
Fe~h:r.ll Ollkc lor IllvcnllOIl30 of Ihc C:lccho~lov:1k $\Xi!lhu 
Kl!public. 
SUit·: For Ihe [)l!crcC' on Ihe Procedure RI!I:uing 10 Tr:adcmarl ... 
~ce: 1",IIIs/nul /"UI1,·''.I' L~"'J unci 1',.,~IU·S. l-Lf(,1I0SLOVA~JA -
T ~.\t J.C)C)~, 
•• Add",\.! by \VI PO. registered in the Trademark Register (hereinafter 
referred to as Mthe Register"). 
3.-(1) The following may not constitute a 
trademark: 
((1) a simple name, a simple image or other simple 
sign denoting the nature of the goods or services; 
(b) a· simple geogrOlphical de~omination that is 
. official or generally known; 
(c) a misleading or false denomination; 
(d) a denomination that is identical with a well­
known mark (Sc:ction 18) registered in the name of 
another legal or natural person; 
(e) a denomination idenlic411 wilh 3 tr41demark regis­
tered in the name of 41nother legal or natural person for 
goods or services of the same kind; 
(j) a denomination identical with th:ll ofa protected 
pJant or anim411 variety; 
(g) a denomination whose use would be contr.uy to 
the interests of society; 
(h) a denomin:llion whose use would be contrary to 
the obligations of the Czechoslovak Socialist Republic 
under international trcaties on the protection of the 
m:lrking of goods and services to which it is pany or 
deriving from its membership in-an international orga­
.!lization . 
CZECHOSLOVAKIA -TeXl 3-001. pOlge 001 \ /', ( SFI': /. 1/. "IUll'!:'f.: IT -{)( T()/lI~'N ,,/,,", 
(~) ;\ cjenomin:lliun comprising:ln clement referred 
to In subsection (I )(cJ to (h) Ill:ly J/50 not constitute :l 
1r:1UC III ~Hk. 
·L The following nlJY not be registered in the;: 
f~cgislcr: . 
(e:) ucnominJtions h:lving no distinctive n:1ture or 
L'onsisling csscnti:llly ofc1escriptive e!crnc:nts, unless the 
kg:lI or n:lIur:lI pl!rson filing lhe :lpplicJlion for regis­
!r:ltion orthc tr:lucm:lrk or to whom the applicJtion has 
lxcn Jssigncli is Jbk 10 prove that sllch dcnomin:ltion 
hJS become! ChJr:lC1Cristic for his goods or services: 
(h) dcnominJlions contJining the otliciJI n:lmes of 
SI:ltcS or :ldministr:ltive units, signs ofSt:lle sovereignty 
or embkms, Jrmorial bC:lrings, nags, nJmes and Jbbre­
vi:llcd nJmcs of intergovernmentJI international orgJ­
ni7Jtions enjoying protection on the territory of the 
C/L'choslovJk SociJlist ReplJblic, or Jny imit:ltion 
thac:of. unkss the kgal or natural person tiling the;: 
JpplicJtion for registration ofthc:: tradem:lrk or to whom 
the application has been assigned submits a written 
Juthonzation from the body or organizJtion 
t:m powen:d to make: use of the denomination 
concerned; 
(e) denominations contJining ollicial signs of 
control or warranty, hallmarks or tfJflic signs, names 
Jnd Jbbreviated namc::s of units of me:lsure and 
monet:lry units or :my imitJtion thereof. unless the legal 
or naturJI person filing the application for registration 
of the trademJrk or the person to whom the Jpplication 
h:lS been assigned is able to submit written authori­
zation from the body or organization empowered to 
utilize: the denomination concerned; 
(d) denominations comprising the tr.ldc nJme, 
forename, surname or likeness of J person other than 
the applicant, unless the legal ornaturJI person filing the 
Jpplic:llion for registr.ltion or the person to whom the 
Jprlic:llion has be!en Jssigned is able to submit written 
JUlhorization from the person entitled to assert the right 
to protection of the lr.lde name, forename, surname or 
likeness of the person concerned; 
/el dCllominations comprising wordings identical 
wilh Ihose of J registcred JppcllJtion of origin or 
~knomin:ltions mis/rJdingly simil:lr 10 such JPpcI­
!.lllon. unk-ss the :lpplicJtion for Ihe: trademJrk is liku 
iJy Ihe n:gislercti lIser of such JppellJtion of origin Jnd 
I/)e tknomin:ltion concerned by the Jpplic:llinll Jlso 
':onl:lIllS :111 JddilionJI wording enabling it 10 be dislin­
~ui~lh.'L1 from the n,-gislcred JppcllJtion oC origin. 
5,.-\ denomination identic:li with J rcgistered 
,r:H1c:mJrk whose registration has c~pired in :lccord:lncc 
( Ill)" U ) \' \I, I \ -1','\1 .~.ClIII. J';I~" Ill): IP/N/lISVKlTIl 
Page 3 
L-\ \VS AND TREATIES 
with Sc:ction 22(11) 10 (c) shJIl be excluued from regis. 
tration in the Register fOf:l period of two years fOf goods 
or sefvices of the samc kind unless registr.ltion of such 
ucnominJtion is applied fOf by the legal or nalur:ll 
person in whose name the trademark was registered 
when it expired, The period shall begin on expiry ofthc 
registrJtion of the trademark. . 
.6. The protection aJTorded by this uw shJIl not 
concern wordings required for the mJrking of goods or 
services by. statulOry provisions and which are therefore: 
containc:d in the denomination for which the appli­
cation for registrJtion has been mJdc or in the registered 
trademark. 
7.-(1) Trademarks may be individual or 
collective. 
(2) An individual mark shJIl serve to mark goods or 
sc:rvices of a legal or natural person in whose name the 
tr.ldemark hJS been registered in the Register. 
(3) A colkctive m:lrk shall serve to m:lrk goods or 
services of legal or natural persons who are associated 
from an economic, org~nizatjonal or legal point of view 
in the e::<ercise of an economic activity. Their rights an 1 
obligations shall be laid down in a written agreemc:~' ~ 
concerning the filing and utilization of the collecliY:! 
mark, which must be attached to the application for 
registr.ltion of the collective mark,. Any amendment to 
the agreement shall be subject to approval by the Office 
for Inventions and Discoveries (hereinafter referred to 
as "the 0J1ice");1 failing which, the amendment to the 
agreement shall be without effect. 
(4) A collective mark may only be used' in 
conjunction with an individual mark. or failing such 
mJrk, in conjunction with the name oCa legal person or 
with the forename and surname of a natuml person' in 
such a way that the origin of the goods or services thus 
marked shall be clear. ' 
Procedure for Filing Applications for the 
Registr:uion of Trademarks 
, 8.-( I) Any lcgal or natural person pursuing an 
Juthorized economic activity (hereinafter referred to as 
"the JpplicJnt It) may file with the Office an application 
fiJr registration of a trademark for goods or services 
covered by his activity. 
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Page 4 
I \ I J{ .\ U\I. 11. I'/~( )/'/-:/\' )" -(}(", O/i,.:/, /1/.,'11 
(2) During the procedure for tiling an application for 
rcgistr:ltio.ri 01 J trademark. the applicant may translcr 
the applic:llion for registration. with the approval oflhe 
Office and by wrillen agreement. to another legal or 
natural person who fullills the conditions laid down in 
subsection (I) for all or some of the: goods or services 
stated in the application. 
(3) The applicant's rights in the trademark shall 
begin on the day the trademark is registered. As from 
such date, the applicant shall become the owner of the 
trademark. 
(4) The applicadon for registration of a collective 
mJrk may be filed by the legal or. natural person or 
persons authorized to do so by the agreement referred to 
in Section 7(3}. Where: filing of the application for regis­
tration of:l collective muk is made by more than one 
legal or natur.ll person, those persons sh:lil become the 
owners of the collecti,-:e mark as from the date of regis­
tration of that mark in the Regjster. 
9. Legal or natural persons having their 'head­
quaners or place of residence on the territory' of the 
Czechoslovak Socialist Republic (hereinafter referred to 
as "Czechoslovak legal or natural persons") may only 
lile an application for registration ofa trademark abroad 
once they have :llready filed the: application in the 
Czechoslovak Socialist Republic. 
10. -( I) The applic:mt shall enjoy a priority right 
assenable against any person who subsequently files an 
Jpplication for registration of a trademark that is iden­
tical with his trndemark or is confusingly similar to that 
mJrk for goods and services of the same kind. 
(2) The priority right shall begin with the filing of the 
application for rcgistr.ltion with the Omce. 
(3) The priority right based on international tre:lties 
must Jlre:ldy be claimed by the :lpplicant in the appli­
cation for registration of a trademark :lnd proof of the 
right must be furnished within a period of three months 
as from filing of the :lpplication: f.1iling that, the Office 
shall not t:lke the JpplicJtion into account. 
11. -( I) No :lmendment to a tr:Jdemark for which 
::in applic:uion for registration has been made or 
ex tension to the list of goods and services for which 
registration has been applied shall be authorized; 
however, the :lpplicanl may tile: a new application for 
rcg,islr:Jtion of the trademark. 
(2) At the request of the applicant. the: Office: shall 
givc exemption from application of the provisions of subscl·tion (I) where the amendment concerns only tile 
trade name. forename or surn:lmc. the headqua:ters or 
place or residence of the applicant shown on the· 
trademark, on condition that the applicant provide 
proofthallhe change concerned has effectively occurred 
and that amendment of the application for registrntion 
simply makes the statements shown therein compl>" 
with re:llity without :lITecting the general nature of the 
trademark. 
12.-( 1) The-office shall conduct an examination of 
the applications for registration of trademarks and of 
. the trademarks themselves. 
(2) \Vhere an application for registration of a 
trademark does nOl satisfy the conditions laid down b}' 
this Law or by its implementing rules, the Office sh:l1l 
. invite the applicant to remedy the defects within a 
reasonable period of lime. If the applicant does not 
remedy those defects within the prescribed period of 
time, the Oflice shall suspend the procedure. 
(3)' Where an application for registration of a 
. trademark does not satisfy the registration conditions 
laid down by this 13w, the Office shall refuse the appli­
cation. 
(4) \Vhere the conditions for filing :lpplic:ltions for 
registration laid down by this Law and by its imple­
menting ruJes and the conditions for registration laid 
down by this UlW have been satisfied, the Office shall 
enter the trademark in the Register and issue a ccnif­
icate of registration. 
Term oC Protection and Renewal of 
. Registrations 
13.-( 1) The term of protection for registered tr:lde­
marks shall be-I 0 years as from the filing date of the 
applications for registration of trademarks with the 
Olliee. 
(2) At the request of the owner of a registered 
trademark submitted to the Omce, the term of 
protection may be renewed indefinitely by IO-"'ear 
period~ • 
(3) Requests for renewal of registration may be 
submitted at the earliest during the final year oC the 
current ternl of protection and at the latest within six 
months of its expiry. 
(4) The: subsequent term of protection shall always 
begin with the expiry of the preceding term. 
r7Fr, In", (J'".\ "",..\ _ T .... , , .N" ..... ,. .• "", ! \ f) CS'I R I 1'-l'I\O/'/:'/nT -()C"(OIJl:'U I 'JSc) 
).1. -( I) Amendment of a registered tr:HJcnlark or 
1.:.' It:n~ion of the list of gooc.Js or services for which the 
mJrk is registered shall not be permitted on renewal ofa 
registration or during the tenn of protection. 
(2) At the reqllcst of the applic:lnt. the Onice shall 
grJnl exemption from applic:llion of the provisions of 
~ubscction (I) where the :lIncndment concerns only the 
Ir::lde name, forename or surname. the pl:1ce of resi­
J~ncc or h~Jdquaners ofthc: applicant contained in the 
trJlicm:lrk. on condition thal the Jpplicant can prove 
thal such change has elfectively taken place :lnd that the 
Jn1endment to the registration simply serves to adapt 
the p:lnicul:us shown therein to reality without aJTccting 
the gener::lI nature of the trademark. 
Rights of Tr:ldemark Owners 
15. -( I) Tht! owner of a trademark shall have the 
c:xc1usi ve right to affix his mark on the goods or services 
!'or which it has been registered Of to use it ip relation to 
such goods or services. : 
(1) No one may use a trademark without the :lUtho .. 
rization of its owner or a denomination that is identical 
to sueh mark or that is misleadingly similar to the mark 
for goods or services of the same type as those for which 
the trademark is registered or use it in relation to such 
goods or services. This provision shall apply to well­
known marks (St!ction 18) whatever the type of goods or 
services. 
(3) The owner of a trademark may require prohi­
bi {ion of in fringement of his rights, suppression of the 
unlawful situation and compensation for the damage he 
has su fTered. 
(~) At the request of the owner of a lr.1demark, the 
customs ~lJlhorities shall not deaf goods whose 
marking infringes the owner's rights afforded by this 
l.J.w. The owner of the trademark shall provide 
cvi,:knee of his rights by presenting an extrJct from the 
Register. 
(5) Disputt:s arising from the legJI situation in 
rcsp~Cl o(trJdem:lrks shall be heard and decided by the 
(ouns or by economic Jrbitr.ltion boards, depending on 
their respective competence, except where this Law 
providc:s th:ll disputes be hcard and decided by the 
Ollice (S~ction 23). 
(6) Ocfi)fc instituting proceedings before a coun or 
Jrbi I ral ion bO:lrd. C lcchoslovak legal or natur:ll 
[,)crSlJns m:ly rcqll~sl the Oflice 10 hear the: dispute· 
(Section 29). 
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Page 5 
L~\VS AND TREATIES 
J 6.-( I) The owner of a trademark may assign his 
rights in Ihe mark, in whole or in part, by written 
contr:lct to a legal or natural person eligible under 
Section 8 to become the owner of a trademark. 
(~) The conclusion of contracts assigning rights in 
trademarks shall. be subject to approval by the Office. 
(3) The assignment of rights in trademarks shall lake 
efTect on the territory of the Czechoslovak Socialist 
Republic as from the dale of registration: the assignce of 
the right shall submit a corresponding request to the 
Omce. 
(4) Rights in trademarks may not be assigned to a 
legal or natural person whose activities do not cover all 
or a pan of the list of goods or services for which the 
mark has been registered nor in those cases where 
assignment of the rights would be liable to mislead 
customers. In such cases, the OfTIce shall refuse the 
request for registration of assignment of the rights in the 
1l4ldemark. 
(5) Rights in a trademark shall be transferred to the 
new owner in those cases laid down by special statutory 
provisions. Transfer of rig his shall not be authorized in 
the cases referred to in subsection (4). 
17.-{l) The owner of a trademark may aIT'ord to a 
legal or natural person eligible to become the owner ofa 
trademark under Section 8, the right to use the 
trademark by wri nen con tract (hereinafter referred to as 
"the licensing contract"). 
(2) The conclusion ofa licensing contract in respect 
of a trademark and any amendment to such contract 
shall be subject to the approval of the Office. 
(3) Licensing contracts shaH take effect as from the 
date of their registration; the owner of the registered 
trademark shall submit a corresponding request to the 
Omce. 
(4) A licensing contract may not be concluded with a 
legal or natural person whose activities do not cover all . 
or a pan of the list of goods or services for which the 
mark has been registered nor in those cases where 
conclusion of a licensing contract would be liable to 
mislead the customers. In such cases, the Office shall 
refuse the request for registration of the licensing 
contract. 
18.-( I) The Office shall declare a trademark to be 
well known if. taking into account the extent or long 
dur:llion of its utilization for high-quality goods or 
services. it has become generally known and character-
cs IP/N/1/SVKlT 11 
Page 6 
.\ II( S nu 1/. 1'/; (}/,/:U / } -()( "01;/."/\ /i/,\"'1 
cs iSlic ofils owncr for the IJuer's goods or services on th~ 
Icrrilol)' of the Czechoslovak Socialist Republic. 
(~) The Ollice shall decide to declare a mark to bl! 
well known althe requesl of the owner, accompanied by 
documents confirming the reputation of thl! 
trJdcmark. 
(3) \Vhcre the OtTtce ascer1ains that a well-known 
mJrk no longer satisfies the conditions laid down in 
subsection (I), it shall withdraw its declaration that the 
trJdemark is well known: revocation shall take eOcct on 
the dJte on which it becomes final. 
Obligations. of Trademark Owners 
19.-(1) The owner of a lr.ldemark and the 
contr~ctual user of such tr.ldemJrk shall be required to 
use the mark in strict compliance with the form in which 
it hJS been registered. Utilizalion shall be:: understood, 
in P~lflicular, as use of the tradem61rk on goods, pack­
Jging or commercial stationery Jnd in advertising. 
en The contr.lctual user of a tr.ldemark shall he the 
legal or natural person authorized to use the mark in 
accordance with Sections 7(3) or 17(1). 
(3) The owner of a tr.ldemark and the contractual 
user of such mark shall be required to preserve during 
the full term of protection all documents confirming 
utiliz:llion of the trademark. 
10.-(1) The owner ofa trademark may request the 
Office to enter in the Register any change in his tr.lde 
name, headquarters, forename, surname or place of 
residence within six months as from the date on which 
t he change occurred. 
(2) The owner of a lr.ldemark shall be: required to 
ad vise the Office of any change in the lidd of his activ­
ities relating to th~ trademark within six months aIthe 
blest from the date on which the change took place. 
(3) The owner of a trademark with headquarters or 
pl~cc of residence on the-territory of the Czechoslovak 
SociJlisl Republic must advise the Office ofa1l registra­
tions. changes, renewals and e:<pirics of rights relating to 
his trademark registered abroad :lOd of any disputes 
J rising (rom the legal situation in respect of tradem:lrks 
\''''ithin a period of six months at the:: latest as from the 
date on which such event took pl61ce. 
"21. Czcchoslov;tk Ic~al and natural persons shall be 
required to requc:st authoriz:ltion from the: Ollicc lor the 
following purposes: 1.:\ \\'S :\:'\ I) ·1 I{ E·\ T I J:S 
(a) change in the trade name of the IC'gaJ person that 
constitutes or is comprised in the trademark; 
(b) conclusion or amendment ofa licensing contract' 
relating to :1" trademark registered abroad: 
. (c) adoption or amendment of the agreement 
relating to the registmtion and utilization ofa collective 
mark registered abroad; 
(d) renunciation of maintained validity of the regis­
tration of a trademark abroad: 
(e) 6lssignment of rights in a mark that is registered 
abroad. 
Termination of Rights in a Trademark 
22. The rights in a trademark shall terminate: 
(a) on expiry of the term of protection, unless regis­
tration has been renewed (Section 13(3»; 
(h) where the owner of the tmdemark loses his legal 
personality and the rights in the trademark have not 
been assigned or transferred to a new owner; 
(e) on a ·declaration of renunciation to the rights 
made by the owner'of the trademark; the rights shall 
tenninate as of the date the declaration is presented to 
the Office; 
(d) on a decision to cancel the registration of the 
trademark. 
23.-(1) The Office shall cancel the registmtion ofa 
trademark ifit ascertains, in ex officio proceedings or at 
the request of a third party, that: 
(a) the trademark was registered contrary to the 
provisions of this Law; the mark shall then be deemed 
to have never been registered; 
fh) the tr.ldemark has not been used in the Clccho­
slo\'ak Socialist Republic' during the five years 
preceding institution of the c:mcellation proceedings 
and the ownerofthe mark has nOI given good reason ror 
thc railure to use: use orthe trademark by a contractual 
user shall be considered use by the owncr. 
(2) The Office shall efTect cancellation from the 
R~gisler ora misleading trademark where it ascertains. 
in a procedure instituted at the request of the owner ofa 
previously-registered trndemark, that the contested 
mark has been registered for goods or services of the 
same type and that a period of five years has not yet 
lapsed since registration of the contested mark. 
(J) The Office shall en-ect c:lncellation from the 
Register of a tr.ldcmark where it ascenains. in a 
procedure instituted at the request of the owner of a 
CZECHOSLOVAKIA -T~.·(l )·001. p~ge OOS ISf){ 'srn/. 11_ /'UO/'/~'JUT -ocroJl/:'u /lJS') 
well-known previously-registered mark. that the 
conlested mark is liable to cause confusion with such 
well-known mark, that it h:lS been registered subsequent 
10 the declaration of the well-known mark and that a 
period ofrive years had not yet lapsed since registration 
of the contested mark. 
(4) The Offiee shall elTect cancellation from the 
Register of a trademark where it :lsccnains that the 
rights in the mark have been assigned in a manner nOI 
authorizcd by Section 16(4), 
Pen:llties 
2-1.-(1) The Office m:ly impos~ l penalty on any 
IcgJI or natural person who: 
(a) does not use l collective rnarkin conjunction 
\vith :In individual mark or, as appropriate, with the 
trade name of the legal person or with the forename and 
surname of the natural person (Section 7(4»; 
(b) Iiles an application for registration of the.: m:lrk 
abroad before filing an application for registration of the 
mJrk in the Czechoslovak Socialist' Republic (Sec­
tion 9): 
(c) does not satisfy the conditions under S~clion 20; 
(d) performs an act referred to in Section 21 without 
the authorization of the Office. 
(2) legal persons shall be liable to a fine of up to 
100,000 Czechoslovak crowns and natural persons to a 
line of up to 10,000 Czechoslovak crowns. When deter­
mining the amount of the fine, account shall be taken 
Jbove all of the gravity, ofttle mannerofcommining, of 
the durJtion and of the consequences of the unlawful act 
together with the circumstances and reasons that have 
kd lO infringement of the stipulated obligation and of 
the degree of fault. 
(3) The fine may be imposed within l period of one 
year as from the d:ue on which the OOicc has knowledge 
of the infringement of lhe obligation, but at the latest 
within three years as from the date of committing the 
infringement. 
(4) The line shall be paid to the account of the 
com~etent financial administration within a period of 
onc month as from the date on which Ihe decision to 
impose a line becomes !ina!. 
(5) Income from lines shall be credited to the budget 
o( the Federation. IP/NIlISVKlTI 1 
Page 7 
L.-\ \VS AND TREATIE~ 
Commun. Transitional :and Final Provisions 
15. The Oflice shall keep a Registcr and publish a 
Ga1ctte containing the registrations and renewals of 
registrations of trademarks, termination of rights in 
marks, declarations that marks are well known and 
other irnponant events concerning marks. 
26. The central organs and the national comminces 
shall ensure maintenance of the rights in trademarks of 
Czechoslovak legal persons within their competence, 
panicularly In the event of reorganizational 
measures_ 
27.-( I} The provisions of the international treaties 
by which the Czechoslovak Socialist Republic is bound 
shall not be atTected. 
(:.!) The owners of trademarks not having their head­
qU:lners or place of residence on the national territory of 
a country pany to an international treaty conccrning 
trademarks by which the Czechoslovak Socialist 
Republic is also bound shall, where there is reciprocity, 
have the same rights and duties as the owners of trade­
marks having their headquarters or place of residence 
on the territory of the Czechoslovak Socialist 
Republic. 
(3) The 41pplicants and owners of trademarks who do 
not have their headquarters or place ofresidence on the 
territory of the Czechoslovak Socialist Republic must 
be represented in proceedings before the Office by an 
approved organiz:ltion or a person who is a member of 
such organization. 
. 28_-{ I} E.l(cept where otherwise provided by this 
La\v, proceedings before the Office shall be governed by 
the general, provisions on administrative procedure, 
with the exception of the provisions under Sections 29, 
39, 49 and 50 of UlW No. 7111967 on Administrative 
Procedure (Administr.llive Regulations). 
(2) All requests addressed to the Office shall be in 
written form :md shall concern onc trademark only. The 
OOicc may require that the panies to proceedings 
submit to it. within a· time limit stipuiated for that 
purpose, a cenilied transJ:llion of any applications, 
requests or documents submitted in a language other 
than Czech or Slovak. 
(J) In procedures before the Office, failure to comply 
with time limits may only be excused where it concerns 
proving a priority right or an application for renewal of 
registration of a trademark. 
cs IP/N/1/SVKlT/l 
Page 8 
1.\ IJt snu.l!. I'I\()I'LIUT -()C"'{)III:'/~ II/SII 
(4) Ri!;hts acquired in good faith during the period 
nlnning from c:~piry of the time limit not complied with 
up to acceptJllce of justification for failure to comply 
shall not be afTectcd. 
29.-(1) Disputes arising from the: Icg:ll situation in 
respect of trJdem:lrks that occur between owners of 
tndemarks, or between contrJctuaJ users where appro­
priatc:, or between foreign trade enterprises having their 
headquaners or place of residence on the territory of the 
Czechoslovak Socialist RepUblic, ~md which relate la 
the registration, maintenance of valid registration, 
assignment,licensing contracts or infringement of rights 
in a mark, in the Czechoslovak Socialist Republic or 
abroad, shall be subject to arbitration proceedings 
before the Office. The Office shall recommend an 
amiable solution to the parties. 
(2) During the arbitration proceedings. the lime 
limit for prescription and the time limits applying 
to termination of rights shall be suspended, with 
the exception of the time limits laid down by Sec­
tion 13(3). 
30. The Office shall regulate, by means of a general 
compulsory order: 
(a) the detailed procedure for the filing of applica­
tions for registration, assignment of applications, 
renewal of trademark registrations, amendment of 
trademarks or amendments concerning the owners of 
marks, licensing contracts, assignment, termination of 
rights in a mark, required fonnalities and model 
tradem:lrk registration applications, applications for 
renewal or registrations and requests for registration of 
assignment of rights in marks; . 
(b) the events that have to be entered in the Register 
and on the trademark registration certificate and to be 
published in the Gazette of the Office; 
(c) the formalities bid down for requests for the 
issue of extracts from the Registcr; (d) the: formalities laid do",,'n for the agreement on 
the filing and use of collccti ve marks; 
(e) the dctailed procedure undcr which a tradem~rk 
is declared to be well known; 
(j) the-procedure to be adopted during examination 
by-the Onice ofdisputcs arising from the legal situation 
in respect of trademarks under Section 29. 
31.-{1) The procedures relating to trademarks that 
have not been concluded by a final decision prior to the 
entry into force of this Law shall be concluded in accor­
_ dance with the provisions of this Law. 
(2) Except as otherwise provided, the legal situation 
of trademarks registered prior to the entry into force of 
this Law shall be governed by the provisions of this 
Uw. 
(3) The rights oflhe owner ofa trademark and of the 
holder of an unregistered sign to submit a request for 
cnct:llation of the registration of a trademark, under 
Section 12 of the Law on Trademarks and Industrial 
Designs No. 811952 in the Collection of Laws (herein­
after referred to as "the Collection") may continue to be 
.exercised for a period of two years as from the date on 
which this Law enters into force. 
32. The following shall be repealed: 
(1) The Law on Trndemarks and Industrial Designs 
No. 8/1952 of the Collection, as amended py 
qovernment Order No. 48/1953 of the Collection and­
by uw No. 8411972 of the Collection; 
-. (2) The Order of the rvlinister-President of the Slate 
Omce for Planning, No. 15/1952 of the Collection, 
applying the Law on Trademarks and Industrial 
Designs No. 8/1952 of the Collection. as amended by 
Government Order No. 4811953 of the Collection and 
Law No. 84/1972 of the Collection. 
J3. This Law shall enter into force on January I, 
1989.