WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/CZE/T/2 
1 July 2004 
 (04-2823) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English/ 
 anglais/ 
 inglés 
 
MAIN DEDICATED INTELLECTUAL PR OPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
 
CZECH REPUBLIC 
 
 The present document reproduces the text1 of the following laws and regulat ions, as notified by the Czech 
Republic under Article 63.2 of the Agreement by means of  a communication from its Dele gation dated 25 May 2004: 
 Page  
- Law No. 441/2003 Coll. of 3 December 2003, on Trad emarks and on judgements, judges, assessors and 
State judgement administra tion and on amendments to some other Acts (Act on Courts and Judges) in 
the wording of later regulations. 2 
- Decree No. 97/2004 Coll. of 20 February 2004, implementing Act No. 441/2003 Coll. 26 
 
 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce 
 
 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA PROPRIÉTÉ INTELLECTUELLE 
NOTIFIÉES AU TITRE DE L'ARTICLE 63:2 DE L'ACCORD 
 
RÉPUBLIQUE TCHÈQUE 
 
 Le présent document contient le texte1 des lois et réglementations ci-après, notifiées par la République tchèque au 
titre de l'article 63:2 de l'Accord dans une communication  de sa délégation du 25 mai 2004: 
 Page  
- Loi n° 441/2003 du 3 décembre 2003 sur les marques comme rciales et les jugement s, les magistrats, les 
experts et l'administration judiciaire, et sur les modifications apportées à certaines autres lois (Loi sur les 
tribunaux et les magistrats), confor mément à des règlements ultérieurs. 2 
- Décret n° 97/2004 du 20 février 2004 porta nt application de la Loi n° 441/2003. 26 
 
 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio   
 
 
PRINCIPALES LEYES Y REGLAMENTOS DEDIC ADOS A LA PROPIEDAD INTELECTUAL NOTIFICADOS 
EN VIRTUD DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
 
REPÚBLICA CHECA 
 
 En el presente documento se reproduce el texto1 de las siguientes leyes y regl amentos que la República Checa  
notificó de conformidad con lo dispuesto en el párrafo 2 del artículo 63 del Acuerdo en una comunicación de su Delegación 
de fecha 25 de mayo de 2004: 
 Página  
- Ley Nº 441/2003 de 3 de diciembre de 2003, relativa a las marcas de fábrica y de comercio y a las 
sentencias, los jueces, los asesores y la administración judicial del Estado, y que modifica otras leyes 
(Ley de Tribunales y Jueces) en la form ulación de ulteriores reglamentaciones. 2 
- Decreto Nº 97/2004 de 20 de febrero de 2004, de aplicación de la Ley Nº 441/2003. 26 
 
                                                      
 1 In English only. The text in the original language is ava ilable for consultation by intere sted Delegations at the WTO 
Secretariat./En anglais seulement.  Les délé gations intéressées peuvent consulter le te xte dans sa langue d'origine, au Secréta riat de 
l'OMC./En inglés solamente.  Las delegacione s interesadas podrán consultar en la Secretar ía de la OMC el texto en su idioma ori ginal. 
 IP/N/1/CZE/T/2 
Page 2  
 
Act No. 441/2003 Coll. of 3 December 2003 
On Trademarks and on amendments to Act No. 6/2002 Coll. on judgements, judges, 
assessors and state judgement administration and on amendments to some other Acts 
(Act on Courts and judges) in the wording of later regulations 
 
ACT ON TRADE MARKS 
 
PART ONE 
TRADE MARKS 
 
CHAPTER I 
GENERAL PROVISIONS 
 
Definition of a trade mark 
 
Section 1 
Signs of which a trade mark may consist 
Under the terms of this Act, 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 p ackaging, provided that such sign is capable of 
distinguishing goods or services of one undert aking from those of another undertaking. 
 
Section 2 
The following trade marks are protected in  the territory of the Czech Republic 
a)  trade marks registered in the Register of  trade marks (hereinafter referred to as “the 
Register”) maintained by the I ndustrial Property Office (hereinafter referred to as “the 
Office”) (hereinafter referred to  as “national trade marks”), 
b)  trade marks registered with effects for th e Czech Republic in the register maintained by 
the International Bureau of the World Intell ectual Property Organi sation on the basis of 
an international application within the meaning of the Madrid Agreement concerning the International Registration of  Marks or of the Protocol  to the Madrid Agreement 
(hereinafter referred to as “international trade marks”), 
c)  trade marks registered in the register ma intained by the Office for Harmonisation in the 
Internal Market (trade marks and designs) on the basis of the Council Regulation on the 
Community trade mark (hereinafter referred to as the “Council Regul ation”) (hereinafter 
referred to as “the Community trade marks”), 
d)  trade marks which are well known in the territory of the Czech  Republic within the 
meaning of Article 6 bis of the Paris Convention for the Pr otection of Industrial Property 
(hereinafter referred to as “t he Paris Convention”) and of Ar ticle 16 of the Agreement on 
Trade-Related Aspects of Inte llectual Property Rights (hereina fter referred to as “well 
known trade marks”). 
 
Section 3 
For the purposes of this Act, an “earlier trade mark”, having regard to the claimed right of 
priority (Section 20) means a)  a registered trade mark, if it has an earlier date of application, meaning 
1. national trade mark, 2. international trade mark, 
3. Community trade mark;  IP/N/1/CZE/T/2 
 Page 3 
 
 
b)  a Community trade mark, which has a valid cl aim to seniority from an earlier trade mark 
mentioned in letter a) point 1 and 2 within  the meaning of Article  34 of the Council 
Regulation, even if such an earlier trade mark was surrende red by its proprietor or when 
such an earlier trade mark ceased to exist; 
c)  a trade mark in respect of which an app lication for registration has been made pursuant 
to letters a) and b), if such a trade mark is registered; 
d)  a well known trade mark, the protection of wh ich is dated before the date of application 
for a subsequent trade mark, if such protection persists to the date of application for the 
subsequent trade mark. 
 
Grounds for refusal of protection 
 
Section 4 
The following shall not be registered a)  a sign which is not capable of serving as  trade mark within the meaning of Section 1, 
b) a sign which is devoid of any distinctive character, c) a sign which consists exclusively of signs or  indications which may serve, in trade, to 
designate the kind, quality, quantity, intended pu rpose, value, geographical origin or the 
time of production of goods or of  rendering of services, or ot her characteristics of goods 
or services, 
d) a sign which consists exclusively of signs or indications which have become customary 
in the current language or in bona fide and established practices of the trade, 
e)  a sign which consists exclusively of the shape which results from the nature of the 
product itself or which is necessary to obtain a technical result or which gives substantial 
value to the product, 
f)  a sign which is contrary to public poli cy or to accepted pr inciples of morality, 
g)  a sign which is of such a nature as to d eceive the public, mainly as to the nature, quality 
or geographical origin of the goods or services, 
h)  a sign applied for wines or spirits whic h contains a geographical indication, and such 
wines or spirits do not have that geographical origin, 
i)  a sign which contains signs protected by virtue of Article 6 ter of the Paris Convention 
without the authoris ation to registration of th e competent authorities, 
j)  a sign which contains badges, emblems a nd escutcheons other than those mentioned in 
Article 6 ter of the Paris Convention, if their use is  subject of special public interest, 
unless the competent authority has given its consent to such signs being registered, 
k)  a sign which contains signs of high sy mbolic value, mainly religious symbols, 
l)  a sign the use of which is contrary to provisi ons of other laws or wh ich is contrary to the 
obligations of the Czech Republic en suing from intern ational treaties, 
m)  if it is obvious that the application for regi stration of the trade mark (hereinafter referred 
to as “the application for registratio n”) has not been filed in good faith. 
 
Section 5 
A sign mentioned in Section 4 letters b) to d)  can be registered in  the Register, if the 
applicant proves that before regi stration of the mark in the re gister, such a sign has acquired 
distinctive character in  relation to goods or services of the applicant, for which the 
registration is requested, in consequence of use of the sign in the trade. 
  IP/N/1/CZE/T/2 
Page 4  
 
Section 6 
A sign shall not be registered in the register if it is identical w ith an earlier trade mark which 
is applied for or registered for another proprie tor or applicant for identical goods or services; 
this does not apply if the proprie tor or the applicant of the earl ier trade mark grants a written 
consent to the registration of the subs equent trade mark in the register. 
 
Section 7 
(1) The sign applied for shall not be regist ered in the register upon opposition against the 
registration of the trade mark in the register (hereinafter referred to as “the opposition”) filed 
with the Office by a)  the proprietor of an earlie r trade mark if because of the id entity or similarity with the 
earlier trade mark and because of the identity  or similarity of the goods or services 
covered by the sign applied for and the trade mark there exists a lik elihood of confusion 
on the part of the public; th e likelihood of confusion incl udes also the likelihood of 
association with the earlier trade mark, 
b)  the proprietor of an earlier  trade mark which is identical  with or similar to the sign 
applied for, if this sign is to be registered for goods or services which are indeed not 
similar to those goods or services covered by the earlier trade mark, but the earlier trade 
mark has a good reputation in the Czech Republ ic, and the use of that sign would without 
due cause take unfair advantage of or would be  detrimental to the distinctive character or 
the reputation of the earlier trade mark, 
c)  the proprietor of an earlier well known trad e mark, if because of the identity or similarity 
with the earlier well known trade mark and th e identity or simila rity of the goods or 
services covered by the sing applied for a nd the well known trade mark there exists a 
likelihood of confusion on the part of the public ; the likelihood of c onfusion includes the 
likelihood of association with  the earlier trade mark, 
d)  the proprietor of an earlier well known trade mark which is identical with or similar to 
the sign applied for, if this si gn is to be registered for goods or services which are indeed 
not similar to those goods or services cove red by the earlier well known trade mark, but 
the earlier well known trade mark has a good reputation in the Czech Republic, and the 
use of that sign would suggest a relations hip between the goods or services and the 
proprietor of the earlier well known trade mark, 
e)  the proprietor of an earlier Community trade mark which is identical with or similar to 
the sign applied for, if this si gn is to be registered for goods or services which are indeed 
not similar to those goods or services cove red by the earlier trade mark, but the earlier 
trade mark has a good reputation in the terri tory of the European Communities and the 
use of the sign applied for would without due cause take unfair advant age of or would be 
detrimental to the distinctive character or the reputation of the earlier Community trade 
mark; 
f)  the proprietor of a trade mark registered in another State party of the Paris Convention or 
in a member country of the World Trade Orga nisation, if the application for registration 
has been filed by a representative or agent or  another person entruste d with the protection 
of economic interests of the proprietor of  the trade mark pursuant to Article 6 septies of 
the Paris Convention (hereinafter referred to as  “the agent”) in his own name without the 
proprietor’s consent, unless the agent justifies his action; 
g)  the proprietor of a non-registered sign or of another sign used in the course of trade of 
more than mere local significance for identical  or similar goods and services, if such sign 
is identical with or similar to the sign applied for, if the rights to that sign were acquired 
prior to the date of the application for registration;   IP/N/1/CZE/T/2 
 Page 5 
 
 
h)  the natural person whose rights to his/he r name and whose rights to the protection of 
personal performances could be affected by th e sign applied for, or by a person who is 
entitled to claim these personal rights; 
i)  the proprietor of copyright, if the work protected by the copyright could be affected by 
the use of the sign applied for; 
j)  the proprietor of an earlier industrial pr operty right, if the ri ghts from the industrial 
property right can be affected by the use of the sign applied for; 
k)  any person who is affected in his/her righ ts by the application for registration, which has 
not been filed in bona fide.  
 (2)  The opposition pursuant to paragraph 1 letter s a), b), e) and f) can  be also filed by the 
applicant for registration of the trad e marks mentioned in these provisions. 
 (3)  If the person entitled to file opposition pursuant to paragr aph 1 (hereinafter referred to 
as “the opponent”) grants cons ent to the registration of the trade mark applied for in the 
register after the opposition has been filed, the opposition is deemed to be withdrawn and the 
Office terminates the opposition proceeding.  
CHAPTER II 
EFFECTS OF A TRADE MARK 
 
Section 8 
Rights conferred by a trade mark 
(1) The proprietor of the trade mark shall have  the exclusive right to use the trade mark in 
relation to the goods or services  covered by the trade mark. Th e proprietor of the trade mark 
proves his rights by means of an abstract from the Register, or by means of a certificate of 
registration. The proprietor of the trade mark has the right to use the si gn ® together with the 
trade mark.  (2) Unless otherwise provided by this Act (Sec tions 10 and 11), third parties may not use 
without the consent of the proprietor of the trade mark  in the course of trade 
a)  any sign which is identical  with the trade mark for goods or  services which are identical 
with those for which the trade mark is registered; 
b)  any sign where because of its identity with or similarity to the trade mark and because of 
the identity or similari ty of the goods or services to wh ich the trade mark and that sign 
are affixed, there exists a lik elihood of confusion on the part  of the public, including the 
likelihood of association between the sign and the trade mark; 
c)  any sign identical with or similar to the trade mark for goods or services which are not 
similar to those for which th e trade mark is registered, where the trade mark has a good 
reputation in the Czech Republic and where the use of that sign would without due 
course take advantage of or be detrimental to the distinctive character or the good 
reputation of the trade mark. 
 (3) For the purposes of paragraph 2, the use in  the course of trade means, in particular, 
a)  affixing the sign to goods or the packaging thereof, 
b)  offering goods for sale, putting them on th e market or stocking them for those purposes 
under the sign, or offering or s upplying services under the sign, 
c)  importing or exporting goods under the sign, d)  using the sign on business papers or in advertising. IP/N/1/CZE/T/2 
Page 6  
 
 
(4) In case of infringement of trade mark right s the proprietor of the tr ade mark has the right 
to apply to the court for an order prohibiting the infringement or the impending infringement 
and the consequences of the infringement be remedied; the proprietor of the trade mark may 
also claim appropriate satisfaction, including pe cuniary appropriate satisfaction. The right to 
claim the surrender of unjustified enrichment and to claim the damages shall not be affected. 
 (5) The proprietor of the trade mark may also claim damages caused by actions committed 
after the date of publication of the application for registration. The court shall decide upon the 
merits of the case after the registration of the trade mark in the register.  (6) The proprietor of the trade mark has towards any third person who puts or intends to put on the market goods or to offer services, to wh ich or to the packaging of which or in the 
documents accompanying them a mark identical or similar with his trade mark is affixed, the 
right to obtain information on th e origin of the goods or of the documents accompanying the 
goods or services; the authority to  decide on this right lies w ith the court; the court shall 
refuse the legal action if th is would be out of proportion to the seriousness of the 
infringement or endangering.  (7) The proprietor of the trade mark may apply to the court to order any third party infringing 
or endangering his trade mark rights to with draw from the market and to destroy goods, 
whose manufacturing or introduc tion on the market would endange r or infringe the rights 
protected by this Act, or to de stroy materials and tools which are to be used or which are used 
exclusively or predominantly for activities e ndangering or infringing th e rights protected by 
this Act. The court shall not order the destru ction, if the person against whom the claim is 
directed is not the proprietor of the goods, or  where the endangering or the infringement of 
the right could be remedied otherwise and the destruction would not be proportionate to the 
endangering or the infringement. The removal of  the sing or the counterfeit trade mark from 
the goods before their introduction on the mark et may be allowed only in exceptional cases. 
 (8) If the trade mark has been registered in th e name of the agent without the consent of the 
proprietor of the trade mark (herei nafter referred to as “the trad e mark registered in the name 
of the agent”), the proprietor of the trade mark has the right to prohibit the agent from using 
the trade mark, unless the agent justifies his action.  
Section 9 
Reproduction of trade marks in dictionaries 
If the reproduction of a regist ered trade mark in a dictionary, encyclopaedia or similar 
reference work gives the impression that it co nstitutes a generic name of goods or services, 
the proprietor of the trade mark  may ask the publishe r to ensure that the reproduction of the 
trade mark at the latest in the next edition of  the publication is accompanied by an indication 
that it is a registered trade mark.  
Section 10 
Limitation of the effects of a trade mark 
(1) The proprietor of a trade mark is not entitl ed to prohibit third persons from using in the 
course of the trade a)  their name and surname, cor porate name or name or address,  IP/N/1/CZE/T/2 
 Page 7 
 
 
b)  indications concerning the kind, quality, qua ntity, intended purpose, value, geographical 
origin, the time of production of goods or  of rendering of services, or other 
characteristics of goods or services, 
c)  a sign where it is necessary to indicate th e intended purpose of a product or service, in 
particular as accessories or spare parts, provi ded they use them in accordance with honest 
commercial practices, good morals and competition rules. 
 (2) The proprietor of a trade mark has to tolerate  in the course of trade the use of an identical 
or similar sign, where the rights to this sign were created prior to the date of filing the 
application for registration and the use of that  sign is in accordance w ith the laws of the 
Czech Republic.  
Section 11 
Exhaustion of trade mark rights 
(1) The proprietor of a trade mark is not entitl ed to prohibit its use in relation to goods which 
have been put on the market in the Czech Republ ic under that trade mark by the proprietor or 
with his consent.  (2) The proprietor of a trade mark is not entitl ed to prohibit its use in relation to goods which 
have been put on the market in a member stat e of the European Comm unities or in another 
member state of the European Economic Area u nder that trade mark by the proprietor or with 
his consent.  (3) The provisions of paragraphs 1 and 2 above do not apply where the proprietor of the trade 
mark has legitimate reasons to prohibit further co mmercial dealings in the goods, in particular 
where the condition of the goods has been change d or impaired after they have been put on 
the market.  
Section 12 
(1) The proprietor of an earlier trade mark or the proprietor/user of an earlier sign mentioned 
in Section 7 paragraph 1 letter g)  is not entitled to claim a later identical or similar trade mark 
be revoked (Section 32), or to pr ohibit its further use, if the proprietor of the earlier trade 
mark has tolerated the use of that later trade mark for 5 (five) years from the day on which 
the proprietor of the earlier trad e mark learned about the use of  the later trade mark, unless 
the application for registration of the la ter trade mark has not been filed in bona fide.  
 (2) The proprietor of the later trade mark is not  entitled to prohibit the use of the identical or 
similar earlier trade mark or to claim that ear lier trade mark be revoked, even if the proprietor 
of the earlier trade mark would no longer be entitled to enforce hi s trade mark rights. 
 
CHAPTER III 
USE OF A TRADE MARK 
 
Section 13 
Use of a trade mark 
(1) If, within the period of five years followi ng the registration, the proprietor of the trade 
mark has not put the trade mark to genuine use fo r goods or services in re spect of which it is 
registered, or if such use has been suspended dur ing an uninterrupted peri od of five years, the IP/N/1/CZE/T/2 
Page 8  
 
trade mark shall be subject to the sanctions provided for in this Act (Sections 14 and 31), 
unless there are proper reasons for non-use.  (2) The proper use of a trade mark for the purpose of paragraph 1 includes also  
a)  use of the trade mark in a form differing in elements which do not alter the distinctive 
character of the trade mark in the form in which it was registered, 
b)  affixing of the trade mark to goods or to the packaging of goods solely for export 
purposes. 
 (3) The use of a trade mark on the basis of a licence agreement (Secti on 18) and the use of a 
collective trade mark by an authorised person shall be deemed to constitute use by the proprietor.  
Section 14 
Some consequences of non-use of trade mark 
(1) A trade mark cannot be revoked because of an earlier trade mark, if th is earlier trade mark 
does not fulfil the conditions of us e as mentioned in Section 13. 
 (2) If the earlier trade mark is  not used within the meaning of Section 13 for all goods and 
services for which this trade ma rk is registered, the earlier trade mark can constitute a ground 
for revocation of a later trade mark only in re spect to those goods and services, for which the 
earlier trade mark is used.  
CHAPTER IV 
TRADE MARK AS OBJECT OF PROPERTY 
 
Change of ownership 
Section 15 
(1) The trade mark may be assi gned independently from any a ssignment of the undertaking in 
respect of all or some of the good or services for which the trade mark is registered. The 
assignment of the trade mark shall be ma de in writing by means of a contract. 
 (2) The trade mark shall be transferred to a ne w proprietor also in cases pursuant to special 
laws.  (3) The assignment or the transfer of the trad e mark become effective towards third persons 
upon its entry in the Register; the assignee of the trade mark may take any actions towards 
the Office once the request for entry of the assign ment or transfer has been delivered to the 
Office. Any of the contractual pa rties may request the entry of the assignme nt or transfer in 
the Register, or in case of a transfer the entr y may be requested by th e legal successor of the 
original proprietor. The requireme nts of the request for the entry of the assignment or transfer 
of the trade mark concerning the parties and th e respective trade mark shall be laid down in 
the implementing regulation.  (4) The provisions of paragraphs 1 to 3 shall be applied accordingly to the assignment and 
transfer of the application for registration.  
   IP/N/1/CZE/T/2 
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Section 16 
The proprietor of a trade mark which is regi stered in a Convention country of the Paris 
Convention may apply to the court for a declaration of his right to  have the Register rectified 
so as to substitute his name as the proprietor of the trade mark, if the trade mark has been registered in the name of the agent. The court sh all refuse the application if the agent justifies 
his actions properly and presents evidence for th e reasons. On the basis of the final judgement 
the Office shall record the change of the proprie tor of the trade mark in the Register and the 
Office shall publish this fact in the Official Journal of the Czech I ndustrial Property Office 
(hereinafter referred to as “Official Journa l”). The requirements of the request for the 
substitution of the proprietor of the trade mark concerning the parties and the respective trade 
mark shall be laid down in the implementing regulation.  
Section 17 
Other rights 
(1) The trade mark may be give n as security, levied in execu tion and it may be levied in 
bankruptcy proceeding or in the pro ceedings on compulsory settlement. 
 (2) Upon request the Office shall enter the facts mentioned in paragraph 1 in the Register, and 
this within the time limit of one month from th e filing of the request. The requirements of the 
request for the entry concerning  the parties and the respective trade mark shall be laid down 
in the implementing regulation.  (3) The lien on the trade mark is perfected upo n its entry in the Regi ster, unless otherwise 
stipulated by other special law.  
Section 18 
Licences 
(1) The right to use the trade mark may be  licensed by means of a licence agreement 
concluded pursuant to a special legal regulation for all or some  of the goods or services for 
which the trade mark is registered. The licence may be granted as excl usive or non-exclusive. 
 (2) The proprietor of the trade mark may invoke his rights conferred by his trade mark against 
a licensee who breaches any provision of the lice nce agreement with regard to its duration, 
the form in which the trade mark may be use d, the scope of goods and services for which the 
licence is granted, the te rritory in which the tr ade mark may be used, or the quality of goods 
manufactured or services provided by the licensee. 
 (3) The licence agreement becomes effective against third persons upon its entry in the 
register; any of the parties to the agreemen t may request the entry in the register. The 
requirements of the request for the entry of th e licence agreement in the register concerning 
the parties to the proceeding and the respective trade mark shall be laid down in the 
implementing regulation.  (4) Unless otherwise provided by the licence ag reement, the licensee may bring proceedings 
for infringement of the trade mark rights only with the consent of the proprietor of the trade 
mark. However, the holder of an exclusive licence may bring such proceedings for infringement without the consent of the proprieto r of the trade mark, if  the proprietor of the 
trade mark does not bring himself the proceedings  for infringement of the trade mark rights IP/N/1/CZE/T/2 
Page 10  
 
within 2 (two) months after he has received th e notice of the licensee about the infringement 
of the trade mark rights.  
CHAPTER V 
APPLICATION 
 
Section 19 
Application for registration 
(1) Application for registration of a trade mark shall be made to the Office; each application 
for registration may compri se only one trade mark. 
 (2) The application shall contain a)  a request for regi stration of the trade mark in the register, 
b)  the name and address of the natural person and his/her permanent a ddress, or an address 
for service, if the applicant is a natural pe rson, or the corporate name, or other name and 
the seat, if the applicant is a legal person (hereinafter referred to as “the information identifying the applicant”), 
c)  information identifying the representativ e, if the applicant is represented by a 
representative, 
d)  a list of goods or services in respect of which it is sought  to register the trade mark, 
e)  a representation of the trade mark.  (3) Within 1 (one) month from the date of fili ng of the application, th e applicant has to pay 
the administrative fee pursuant a special law; if the administrative fee is not paid within the 
prescribed time limit, the application is deemed as not filed. The time limit for the payment of the application fee cannot be extended and the non- observance of this time limit cannot be 
restituted.  (4) The list of goods and services  for which the registration of the trade mark is sought shall 
be listed in the application in the order as listed in the international classification together with the respective number of the class. The ad ministrative fee pursuant to paragraph 3 shall 
be paid in the amount corresponding to the nu mber of the classes of the international 
classification of the goods and services for whic h the application for re gistration of the trade 
mark is filed. The Office publishes the Internati onal Classification of Goods and Services in 
such way which enables access by means of telecommunications.  (5) If the applicant clai ms the right of priority pursuant to  Section 20, the applicant shall state 
in the application the date of filing of the a pplication from which the right of priority is 
derived and the country in which the application has been filed. If the applicant claims right 
of priority from more than one  application, the applicant has to state for each of the goods 
and services from which application the right of priority is claimed. 
(6) The application has to be signed by the applicant or his representative. 
 (7) Further requirements of the application co ncerning information about the representation 
of the trade mark are laid down in the implementing regulation. 
 
    IP/N/1/CZE/T/2 
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Section 20 
Date of filing the application 
(1) With the date of filing the application, the applicant acquires the right of priority against 
any third person who later files an application for an identical or similar trade mark for 
identical or similar goods or services.  (2) The right of priority ensui ng from the Paris Convention has to  be claimed by the applicant 
in the application and it has to be proven within 3 (three) months after the filing of the 
application, otherwise the Office sh all not grant the right of prior ity. The right of priority may 
be claimed from an application filed in any C onvention country of the Paris Convention or in 
a member country of the World Trade Organization;  if the country of th e first application is 
neither a Convention country of  the Paris Convention nor a me mber country of the World 
Trade Organization, the right of priority based on this appli cation can be granted under the 
condition of mutuality. The time period for provi ng the right of priority cannot be extended 
and the non-observance of this time limit cannot be restituted. 
 (3) Upon request of the applicant, the Office sh all issue a certificate about the grant of the 
right of priority (the priority certificate).  
CHAPTER VI 
APPLICATION PROCEDURE 
 
Section 21 
Formal examination 
(1) The Office shall examine whether the applic ation satisfies the requirements as laid down 
in Section 19.  (2) If the application does not satisfy the requ irements as laid down in Section 19 paragraph 
1, 2, 4 to 6, the Office shall request the applicant to remedy the deficiencies within the 
prescribed time limit, which cannot be shorter than 15 (fifteen days). 
 (3) If the deficiencies of the requirements as  laid down in Section 19 paragraph 1, 2, 4 and 6 
are not remedied, the Office sh all refuse the application. 
 (4) If the administrative fee is not paid in the amount as la id down in Section 19 paragraph 4, 
the Office shall request the applicant after the ex piry of the time limit as laid down in Section 
19 paragraph 3 to pay the outstanding amount of  the fee and the Office can set a time limit of 
15 (fifteen days) for the payment of the outstan ding amount. If the outstanding fee is not paid 
within this time limit, the appl ication is deemed to be filed in the scope of classes of goods 
and services corresponding to the paid amount. If it is not clear to which classes of goods or 
services the paid amount corres ponds, the application is deemed to be filed for classes of 
goods and services as given in the application in the ascending order, which are covered by 
the paid amount. If the administ rative fee is not paid in the amount corresponding to the 
administrative fee for the filing of the applicatio n, the administrative fee is deemed not to be 
paid and the Office shall refund the paid amount of the administrative fee to the applicant. 
 
   IP/N/1/CZE/T/2 
Page 12  
 
Section 22 
Substantive examination 
(1) If the sign applied for does not meet the c onditions for registration pursuant to Section 4 
or 6, the Office shall refuse the applicati on. If the sign applied fo r does not meet the 
conditions for registration only in respect to so me goods or services, the Office shall refuse 
the application as regards thos e goods or services. The Offi ce shall publish the information 
about the decision on the refusal of the application in the Official Journal. 
 (2) The Office shall refuse the ap plication, if the sign applied for contains elements of an 
earlier trade mark, which has been applied for or  registered for another proprietor, if these 
elements could cause confusion with the earlie r trade mark; the Office shall not refuse the 
application if the proprietor or a pplicant of the earlier trade mark grants written consent to the 
registration of the earlier tr ade mark in the register. 
 (3) If the sign applied for contains an element which is not distinctive and if the inclusion of the said element in the trade mark could give rise to doubts as to the scope of protection, the applicant may limit the scope of  protection in respect to the element of the trade mark; the 
Office shall publish the limitation of the scope of  protection together with the application 
(Section 23). The limitation of the scope  of protection cannot be withdrawn. 
 (4) Before the decision on refusal of an applic ation, the Office has to allow the applicant to 
submit his arguments to the grounds, for which the Office intends to refuse the application.  
Section 23 
Publication of the application 
If the conditions as laid down in this Act have been fulfilled, the Office shall publish the 
application in the Official Journal. 
 
Observations and opposition 
Section 24 
Observations 
(1) Any person may at any time before the registra tion of the trade mark in the Register make 
observations in writing to the Office based in particular on grounds pursuant to Section 4 or 
6; the Office shall consider th e observations while deciding on the registration of the trade 
mark in the register. A person who has made the observations does not thereby become a 
party to the proceedings on the application.  (2) The Office has to inform the applicant a bout the observations and about the outcome of 
their consideration and the applicant may submit his comments to the observations within the 
time limit set by the Office. The Office sha ll inform the person who has made the 
observations about the outcome of th e consideration of the observations. 
 (3) The observations mentioned in paragra ph 1 cannot be filed for grounds pursuant to 
Section 7. The observations have to fulfil requ irements as laid down in the implementing 
regulation.  
    IP/N/1/CZE/T/2 
 Page 13 
 
 
Section 25 
Opposition 
(1) Persons mentioned in Section 7 may file opposition within the period of 3 (three) months 
following the publication of th e application; the opposition may be filed based on grounds 
mentioned in Section 7. The time limit for filing the opposition cannot be extended and the non-observance of this time limit cannot be restituted.  (2) The opposition has to be filed in writing and the opposition has to include grounds on which it is made and the opposition has to be  supported by evidence.  The Office shall not 
consider any amendments to the opposition or any evidence submitted in support of the opposition made after the time limit as menti oned in paragraph 1. Together with the 
opposition the opponent has to pay the administ rative fee pursuant to a special legal 
regulation; if the opposition fee is not paid, th e opposition is deemed as not to be filed. 
 (3) The detailed requirements of the oppositi on shall be laid down in the implementing 
regulation. 
Section 26 
Opposition proceedings 
(1) The Office shall terminate the opposition proceedings, if the reason for filing the 
opposition has ceased to apply. The Office shall deliver the decision terminating the opposition proceedings to both the applicant and the opponent.  (2) The Office shall refuse the opposition if it is  not filed within the time limit, or if the 
opposition is not filed by a person mentioned in Section 7, or if the opposition does not 
include grounds on which it is made or it is not supported by evidence. 
 (3) If the Office does not terminate the opposition proceedings pursuant to paragraph 1 or if 
the Office does not refuse the opposition pursuant to paragraph 2, the Office shall inform the 
applicant about the content of the opposition an d it shall set a time limit, within which the 
applicant may present his observations to the opposition. The Office may also invite the 
opponent and the applicant to make a friendl y settlement on the opposition within the time 
limit as set by the Office. If the opposition has been withdrawn, the Office shall terminate the 
proceeding on the opposition. If the applicant has not presented his arguments to the opposition within the time limit as set by the O ffice, the Office shall decide on the opposition 
based on the documentary evidence as contained in the file.  (4) The Office shall refuse the opposition, if the Office concludes that the trade mark applied 
for does not infringe upon the ri ghts of persons mentioned in S ection 7 as protected by law. 
 (5) If in the course of the opposition proceedin gs the Office concludes that the trade mark 
applied for does not fulfil the requirements for re gistration for some of the goods or services 
for which the application has been filed, the a pplication shall be refused in respect of the 
goods or services for which the application do es not fulfil the requirements for registration. 
 (6) The Office shall deliver the decision in wr iting on the refusal of the application or the 
decision on the refusal of the opposition to the applicant and the opponent. The Office shall publish the information on the refusal of the app lication or on the refusal of the opposition in 
the Official Journal.  IP/N/1/CZE/T/2 
Page 14  
 
Section 27 
Amendment of the application 
(1) Unless otherwise provided, it is not possible to make any changes in the application after 
the filing of the application, it is in particular not possible to extend the lis t of goods and 
services, for which the application has been filed.  (2) The application may be amended upon reques t of the applicant onl y for the purpose of 
correcting the name and surname, name, corporat e name and address of permanent residence, 
the seat, or the errors in formulations, copyi ng or other obvious mistakes, provided that such 
amendment is in accordance with the reality and that it does not substantially change the sign 
applied for. Where the amendment affects the si gn applied for or the list of goods or services 
and it is made after the publica tion of the application, the app lication shall be published again 
as amended.  (3) The applicant may at any time withdraw hi s application. The Office shall terminate the 
proceedings on application which has been with drawn; the administrative fee which has been 
already paid sha ll not be refunded. 
 (4) The applicant may at any time restrict the list  of goods or services in the application. This 
restriction cannot be withdrawn.  (5) Until the registration of the trade mark  in the register, the applicant can split an 
application which has been filed for more goods or services. The right of priority from the 
original application shall be accorded also to  the split applications, provided they contain 
only goods or services as contained in the origin al application. The application has to pay an 
administrative fee pursuant to a special legal regulation for the applications which originated from the splitting of th e original application. 
 (6) The requirements of the request for the am endment and the splitti ng of the application 
concerning the applicant, or his representativ e, the proceedings and the information on the 
trade mark applied for shall be la id down in implementing regulation. 
 (7) The provisions of paragraphs 1 and 2 shall be applied accordingly to a registered trade 
mark.  
Section 28 
Registration 
(1) Where the application meets the requireme nts of this Act and the proceedings on the 
application have not been te rminated and no opposition was filed within the time limit 
pursuant to Section 25 paragraph 1 or wher e the opposition was refused by a definitive 
decision or the opposition proceedings was term inated by a definitive decision, the Office 
shall register the trade mark in the register to gether with the date of the registration and the 
Office shall issue to the proprietor of the trade mark a certificate of registration of the trade 
mark in the register.  (2) The Office shall publish the regi stration of the trade mark in the register in the Official 
Journal.   IP/N/1/CZE/T/2 
 Page 15 
 
 
(3) The registration of the trade mark takes eff ect with the day of registration of the trade 
mark in the register.  
CHAPTER VII 
DURATION AND RENEWAL OF THE TRADE MARK REGISTRATION 
 
Section 29 
Duration and renewal of trade mark registration 
(1) The trade mark shall be registered for a peri od of 10 (ten) years from the date of filing of 
the application. If the proprietor does not reque st the renewal of the registration, the trade 
mark shall lapse.  (2) The registration of a trade mark shall be  renewed upon request of the proprietor of the 
trade mark for the period of the next ten year s. The filing of the request for renewal of the 
registration is subject to paymen t of administrative fee pursuant to a special legal regulation. 
The request for renewal may be filed at the earlie st within 12 months before the expiry of the 
registration, however at the latest  on the day of expiry of the validity. The requirements of the 
request for renewal of the trade mark regi stration are laid down in the implementing 
regulation. The time limit for f iling the request for renewal of the trade mark regulation 
cannot be extended and the non-observance of this time limit cannot be restituted.  (3) If the administrative fee is not paid or if it is not paid in th e appropriate amount, the 
Office shall request the proprieto r of the trade mark to pay th e administrative fee within the 
time limit as set by the Office, or to pay the out standing amount of the administrative fee. If 
the administrative fee is not paid within the se t time limit, or if the outstanding administrative 
fee is not paid, the request for renewal of the re gistration is deemed as not filed; the Office 
shall refund the paid port ion of the administrative fee to the applicant. 
 (4) The request for renewal of the registration may be filed at the latest within the additional period of 6 (six) months following the expiry of  the registration; the double amount of the 
administrative fee referred to in  paragraph 2 has to be paid. 
 (5) If the request for renewal of  the registration is filed outside the time limits as mentioned 
in paragraphs 2 or 4, it shall be deemed as  not filed; the Office shall refund the paid 
administrative fee to the applicant.  (6) If the request for renewal is filed in resp ect of only some of the goods or services for 
which the trade mark is registered, the regist ration shall be renewed only for those goods or 
services.  
(7) The renewal of the registration shall take effect as of the date of expiry of the registration 
of the trade mark; the Office shall register the renewal in the register and it shall publish the 
renewal in the Official Journal. 
      IP/N/1/CZE/T/2 
Page 16  
 
CHAPTER VIII 
SURRENDER, REVOCATION AND INVALIDITY 
 
Section 30 
Surrender of trade mark rights 
(1) The proprietor may surrend er his rights to the trade mark by means of a written 
declaration in respect of some or all goods or se rvices for which the trade mark is registered; 
the surrender shall take effect with the date of delivery of the respective declaration of the 
proprietor to the Office and the surrender cann ot be withdrawn. The Office shall enter the 
surrender of the rights to the trade mark in the re gister and it shall be published in the Official 
Journal.  (2) The proprietor of a trade mark may by mean s of a written declaration filed with the Office 
limit the scope of protection in respect to an element of the trade mark. The Office shall 
decide on the limitation of the scope of protection ta king into account th e fulfilment of the 
requirements as laid down by this Act. The li mitation of the scope of protection cannot be 
withdrawn.  
Section 31 
Revocation 
(1) The Office shall revoke the trade mark in a proceeding started at the request of a third 
person - a)  if the trade mark has not been properly used within the continuous period of 5 (five) 
years for goods or services in respect of whic h the trade mark is registered, and there are 
no proper reasons for non-use; the use which commenced or which was resumed following 5 (five) years of non-use of the tr ade mark within three months preceding the 
filing of the request for revoc ation shall be disregarded wh ere the preparations for the 
commencement or the resumption of the use occurred only after the proprietor becomes 
aware that a request for revocation of  the trade mark might be filed; 
b)  if by the consequence of acts or inactivity  of the proprietor the trade mark has become 
the common name in the trade for products or services for which it is registered; 
c)  if the trade mark after the date of its re gistration in consequence of the use made of it by 
the proprietor or with his consent in respec t of the goods or serv ices for which it is 
registered, the trade mark is liable to misl ead the public, particular ly as to the nature, 
quality or geographical origin of those goods or services. 
 (2) In a proceeding started upon request filed within 6 (six) months following the date on 
which the court decision declaring the use of  a trade mark to be unfair competition conduct 
becames final, the Office shall revoke the trade mark. The time limit for filing the request for revocation of the trade mark cannot be extende d and the non-observance of this time limit 
cannot be restituted. 
 (3) If the ground for revocation exists in respec t of only some of the goods or services for 
which the trade mark is registered, the Office shall revoke the trade mark only in respect of those goods or services.  
    IP/N/1/CZE/T/2 
 Page 17 
 
 
Section 32 
Invalidity 
(1) The Office shall upon request of a third person or on its ow n motion declare a trade mark 
invalid, if the trade mark has been registered  in breach of the provisions of Section 4 or 
Section 6.  (2) Where the trade mark has been registered in breach of Section 4 letter b) or c) or d), it 
shall not be declared invalid if it has acquired a distinctive character in consequence of its use 
for goods or services for which it is  registered after its registration. 
 (3) The Office shall also declare a trade mark invalid in proceedings instigated upon motion 
of a person mentioned in Section 7 and for reasons mentioned in that provision. 
 (4) Where the trade mark is declared invalid, the trade mark shall be deemed never to have been registered.  (5) A trade mark may be declared invalid even after its proprietor surrendered the trade mark 
or after the trade mark lapsed.  (6) Where the ground for invalidity exists only in respect of some of the goods or services for 
which the trade mark is registered, the trade ma rk shall be declared invalid as regards those 
goods or services only.  
Section 33 
Special provisions on effects of revocation and invalidity 
1) Effects of the revocation or inva lidity of a trade mark do not affect 
a) decisions in the matter of infringement of  trade mark rights which became effective and 
which were enforced before the effective date of  the decision on revocati on or invalidity of a 
trade mark, b) agreements concluded before the effective date of the decision on revocation or invalidity 
of a trade mark in the extent of the fulfilment provided on their basis before the effective date 
of such a decision (on revocation or invalidity);  it is however possible to claim the surrender 
of the fulfilment already provided on the basis of the agreement. (2) The provision of paragraph 1 does not affect the liability of the proprietor of the trade 
mark for damage or unjustified enrichment.  
Section 34 
Action for revocation or declaration of invalidity 
(1) The action for revocation or declaration of invalidity of a trade mark shall be filed in 
writing and it shall contain grounds and it shall be supported by evidence. It shall be deemed 
filed only after the payment of the administrativ e fee under a special legal regulation. 
 (2) The requirements of the acti on for revocation or declaration of invalidity of a trade mark 
concerning the parties to the proc eedings and particulars of the trade mark shall be laid down 
in the implementing regulation.  (3) The Office shall invite the proprietor of the trade mark to present his statement to the action for revocation or declarati on of invalidity . If the propriet or of the trade mark does not IP/N/1/CZE/T/2 
Page 18  
 
present his statement within the set time limit,  the Office shall decide on the basis of the 
content of the file.  
CHAPTER IX 
SPECIAL PROVISIONS CONCERNING COLLECTIVE TRADE MARKS 
 
Section 35 
Collective trade mark 
(1) A collective trade mark is tr ade mark which is described as  such already when the trade 
mark is applied for and is capab le of distinguishing the goods a nd services of the members or 
shareholders of a legal person or of the me mbers of an association from the goods and 
services of other persons.  (2) The conditions of use of the collective trad e mark including the sanctions for the breach 
of the conditions shall be laid down in a written agreement on use of the collective trade mark concluded among all members or shareholders of the legal person or among all members of 
the association (hereinafter referre d to as “the agreement on use”). 
 (3) Unless otherwise provided, the provisions of  Section I to VIII and X do apply accordingly 
to the application for the collective trade mar k, the application proceedings, the rights from 
the collective trade mark, the revocation proceedings and the invalidation of the collective trade mark. 
 
Section 36 
Requirements of the application for collective trade mark 
(1) Application for registration of a collective trade mark shall be made in writing to the 
Office.  (2) Besides the requirements mentioned in Se ction 19, the application for a collective trade 
mark has to contain information on the identity of the members, shareholders or members of 
the applicant who may use the trade mark.  (3) The agreement on use has to be enclosed to  the application for a collective trade mark. 
 
Section 37 
Examination of application for collective trade mark 
(1) The Office shall examine the application for a collective trade mark within the scope of 
Section 21 to 27, and the Office shall consider the fulfilment of the condition laid down in 
Section 4 letter b) with resp ect to Section 35 paragraph 1. 
 (2) Upon request the Office shall record in th e register any change of the members or 
shareholders of the legal person or of the members of the association. 
 
Section 38 
Rights conferred by a collective trade mark 
(1) The members or the shareholders of the le gal person or the members of the association 
registered in the register have the exclusive right to affix the collective trade mark to goods or 
services covered by the collective trade mark or to use the trad e mark in relation to the goods 
or services cover by th e collective trade mark.  IP/N/1/CZE/T/2 
 Page 19 
 
 
(2) The proprietor of the collective trade mark has the rights within the scope of Section II of 
this Act, unless otherwise provided in this Section. 
 (3) The members or shareholders of the legal person or the members of the association have 
the rights pursuant to paragraph 1 under c onditions laid down in the agreement on use. 
 
Section 39 
Limits on rights conferred by a collective trade mark 
The collective trade mark cannot be subject of licence and it cannot be given as pledge and it 
cannot be assigned to  another person. 
 
Section 40 
Revocation and invalidation of collective trade mark 
(1) For revocation of the collective trade mar k, the provisions of Sec tion 31 shall apply. 
 (2) The Office shall revoke the collective trade mark if the members or the shareholders of 
the legal person or the members of the associa tion seriously breach the agreement of use and 
they do not agree on the change  of the agreement on use or if the legal person or the 
association ceased to exist.  (3) For the invalidation of the collective trad e mark, the provision of Section 32 shall be 
applied and the fulfilment of the condition laid down  in Section 4 letter b) is to be considered 
with respect to Section 35 paragraph 1.  
CHAPTER X 
GENERAL PROVISIONS ON THE PR OCEDURE BEFORE THE OFFICE 
 
Section 42 
Submissions 
Any submission to the Office is to  be made in the Czech language. 
 
Section 43 
Appeal 
(1) An appeal shall lie from any decision of  the Office within the time limit of one month 
from the delivery of the decision. The appeal sh all have suspensive effect. The time limit for 
filing the appeal cannot be ex tended and the non-observance of this time limit cannot be 
restituted.  (2) The appeal shall be deemed to have been  filed only after the ad ministrative fee pursuant 
to a special legal regulation has been paid. 
 
(3) The substative statement of the appeal has to be filed with the Office within one month 
after the filing of the appeal. The time limit fo r filing the substantive st atement of the appeal 
cannot be extended and the non-observance of this time limit cannot be restituted.  
Section 43 
Restitutio in integrum 
(1) If the applicant proves that he was unable to observe a time limit prescribed by the law or 
by the Office and that the non-observance was not  due to his own fault, the Office shall re-IP/N/1/CZE/T/2 
Page 20  
 
establish his rights (restitutio in integrum) upon the application of the applicant, unless 
otherwise provided by this Act.  (2) The application pursuant to paragraph 1 must  be filed in writing within two months from 
the removal of the cause for which the act could not be taken, at the late st within 12 months 
following the expiry of the time limit within which the act should have been taken; the 
applicant must state in the application the grounds on which he could not observe the time 
limit and the applicant must take the omitted act and pay the administrative fee for the restitutio in integrum pursuant to a special legal regul ation. The time limit for filing the 
application for the restitutio in intergrum cannot be extended and the non-observance of this 
time limit cannot be restituted.  (3) If the Office grants the application for the restitutio in intergrum , the legal effects of the 
termination of the proceedings or of the loss of other right shall not occur; the Office shall 
publish the decision on the grant of the application for the restitutio in intergrum in the 
Official Journal.  (4) Rights acquired by third persons in good fait h in the course of the period between the 
termination of the proceeding and the menti on of the grant of th e application for the 
restitution  in integrum in the Official Journal shall not be affected by the decision to grant the 
application for the restitutio in intergrum.  
 
Section 44 
Register and Official Journal 
(1) The Office shall maintain a register which cont ains decisive particulars of applications for 
trade marks and decisive particulars of regist ered trade marks as provided by this Act, the 
implementing regulation or as decided by the Office.  (2) The register shall be public and it shall be open for public inspection by any person and 
any person can make copies and extracts from it. Upon application the Office shall issue an 
officially certified complete ex tract or a partial extract from the register or a copy of the 
registration or a certifi cate of a particular registration or  a certificate th at a particular 
information does not exist in the register. Th e certification certifies the conformity of the 
extract or the copy with the particulars in th e register. Together with the application, the 
applicant for the extract or the copy has to pa y an administrative fee pursuant to a special 
legal regulation.  (3) Upon receipt, the Office shall without undue dela y enter in the register any change of the 
particulars of an application for registration of a trade mark or any change of the particulars 
of a registered trade mark wh ich follows from a final decisi on of the respective authority. 
 
(4) The register is maintained in electronic form and the Office shall publish the information 
contained in the register in a way enabling remote access . 
 (5) The details of the content of the register shall be laid down in the implementing regulation.  (6) The Office shall publish the Official Jour nal in which the Office shall publish mainly 
applications for registration of trade marks or registered trade marks and any further  IP/N/1/CZE/T/2 
 Page 21 
 
 
information concerning the trade marks, or notices and general information issued by the 
Office, as well as public notic es and important decisions. 
 
Section 45 
1) Unless otherwise provided by this Act, th e Administrative Procedure Code shall be 
applicable for proceedings on trade marks, except for the provisions on staying of the 
proceedings, time limits for decision making and measures against inactivity.  2) Legal action under a special law may be broug ht against a final decision of the Office. 
 
CHAPTER XI 
INTERNATIONAL MATTERS 
 
Section 46 
(1) Persons who have an enterprise, permanent re sidency or seat in a state which is party to 
the Paris Convention or a state which is member  of the World Trade Organisation, or persons 
who are nationals of that state have the same  rights as persons who are Czech nationals or 
who have their enterprise, permanent residency or seat in the Czech Republic; where the person is a national of a state which is not a Convention country of th e Paris Convention or a 
member of the World Trade Organisation or wh ere the person has an enterprise, permanent 
residency or seat in such a state, the rights  pursuant to this Ac t may be granted only on 
condition of reciprocity.  (2) Person who does not have an enterprise, perman ent residency or seat in the territory of the 
Czech Republic has to be represented in procee dings on trade marks pursuant to special laws. 
 (3) The provision of paragraph 2 does not appl y to natural persons who are nationals of a 
member state of the European Union or of a state party to the Agreement on the European 
Economic Area and who are domiciled in the territory of the Czech Republic or render 
services in the territory of  the Czech Republic, or to legal persons who have their 
headquarters or seat of their business activities in the territory of a member state of the 
European Union or of a state party to the Agreement on the European Economic Area, and 
who are domiciled in the territory of the Czech Re public or render services in the territory of 
the Czech Republic. These persons have to a ppoint an address for service in the Czech 
Republic for proceedings before the Office, to which official documents concerning 
applications for registration or regi stered trade marks will be delivered. 
 
Application for international registration 
Section 47 
(1) Persons who have their enterprise, permanen t residency or seat in  the Czech Republic or 
who are Czech nationals may file an application for internationa l registration of a trade mark 
pursuant to an international treaty or file an application for registration of changes concerning 
the international registra tion by way of the Office. 
 (2) The requirements of the application for registration with application for international registration and the applicati on for registration of changes concerning the international 
registration are laid down in the implementing regulation.  IP/N/1/CZE/T/2 
Page 22  
 
(3) The applicant for registration of a trade mark with application for international 
registration has to pay fees pur suant to the international tr eaty for acts done pursuant to 
paragraph 1; the Office shall publish the amount of  the fees as prescrib ed by the international 
treaty in the Official Journal.  
Section 48 
(1) The international registration of a trade mark which enjoys protection in the Czech 
Republic has the same effects as the registrati on of a national trade mark in the register 
maintained by the Office.  (2) The time limit for filing opposition against a re gistration of an international trade mark 
starts on the first day of the month followi ng the month in which the trade mark was 
published in the WIPO Gazette of International Trade Marks. 
 
CHAPTER XII 
TRADE MARK PURSUANT TO THE LAW OF THE EUROPEAN COMMUNITIES ON 
THE COMMUNITY TRADE MARK 
 
Community Trade Mark 
Section 49 
The application for a Community trade mark ma y be filed with the Office; the Office shall 
accord a date of filing to the application and it shall forward the application to the Office for 
Harmonisation in the Internal Market (trade ma rks and designs). The applicant has to pay the 
costs connected with receiving and forwarding the application; the amount of the costs is laid 
down in the implementing regulation.  
Section 50 
Conversion to the national trade mark application 
(1) The Office shall proceed the request for the national proceeding on conversion of the 
application for registration or the application for registration of a Community trade mark to 
the application for registration of a national trade mark pursuan t to Article 109 of the Council 
Regulation, if the applicant within 2 mont hs following the delivery of the official 
communication a)  pays the administ rative fee pursuant to a special legal regulation, 
b)  submits a translation of the request and of the documents accompanying the request and 
attaches the origin al of the request, 
c)  indicates an address for service in the Czech Republic, 
d)  submits the wording or the representation of  the trade mark in the number of copies as 
prescribed in the implementing regulation. 
 (2) The Office shall examine whether the request admissible pursuant to Article 108 
paragraph 2 of Council Regulation. The Office sha ll refuse the request, if it is inadmissible. 
 (3) The application resulting from the conversi on of the application for registration of a 
Community trade mark shall be ac corded the date of filing or the date of priority of the 
original application or even the seniority which was claimed under Article 34 and 35 of the 
Council Regulation.   IP/N/1/CZE/T/2 
 Page 23 
 
 
(4) The Office shall register without any furthe r requirements the application for registration 
resulting from the conversion of an already regi stered Community trade ma rk with the date of 
priority which was accorded to the Community trade mark; the Office sh all publish this fact 
in the Official Journal.  
Section 51 
(1) The owner of a national trad e mark the application of whic h was filed in good faith before 
or which has a right of priority dated befo re the accession to the European Union, has the 
right to prohibit the use of the Community trade mark the effects of which have been 
extended to the territory of the Czech Republic based on the accession of the Czech Republic 
to the European Union, if a)  the Community trade mark is identical with the national trade mark and the goods and 
services covered by both trade marks are identical, or 
b)  there is a likelihood of confusion on the pa rt of the public because of the identity or 
similarity of the national trade mark and th e Community trade mark and because of the 
identity or similarity of goods or services covered by the trade marks; the likelihood of 
confusion includes the likelihood  of association with the na tional trade mark, or c) the 
Community trade mark is identical with the national trade mark or it is similar to the 
national trade mark, where the goods or se rvices covered those trade marks are not 
identical or similar, if the national trade mark has a good reputation in the Czech Republic and if use of the Community trade ma rk would take unfair advantage of or be 
detrimental to the distinctive character or the good reputation of the national trade mark. 
 (2) The proprietor of the national trade mark  mentioned in paragraph 1 may claim damages 
for the damage he suffered as a result of the us e of the Community trade mark in the territory 
of the Czech Republic within the scope as mentioned in Section 8 paragraph 5. 
 
CHAPTER XIII 
TRANSITIONAL AND EMPOWE RING PROVISIONS, REPEALS 
 
Section 52 
Transitional provisions 
(1) Trade marks registered under earlier laws remain valid. Where an action for declaration of 
invalidity of a trade mark has been filed claimi ng that the trade mark was registered in breach 
of the law, the registrability of the trade mark shall be examined under the law as valid at the 
time of the registration of the trade mark in the register. However, the trade mark shall not be 
declared invalid if its registration is in compliance with this Act. 
 (2) This Act is to be applied to proceedings on applications for registration, which have not 
been completed before the commencement of this Act. The effects of procedural acts done in 
these proceedings remain unchanged and they shall be examined accordingly under this Act. 
Where an application filed before the commencement of this Act has deficiencies which hinder the application from being processed, the Office shall invite the applicant to remedy 
such deficiencies and it shall set an a ppropriate time limit for this purpose. 
 (3) Where the application was published before  the commencement of this Act but the time 
limit for filing the opposition as set in Section 25 of this Act has not expired before the 
commencement of this Act, it is  possible to file an opposition against the registration also 
under Section 7 of this Act within the prescrib ed time limit, however at the latest within 1 IP/N/1/CZE/T/2 
Page 24  
 
month following the commencement of this Act. Be fore the registration of the trade mark in 
the register, the Office shall examine also the fulfilment of the conditions of registrability 
under Section 1, 2, 5 and 6 of this Act.  (4) Where a cancellation action und er Section 25 of the current law was brought before the 
commencement of this Act, it shall be heard as  cancellation action or ac tion for declaration of 
invalidity of a trade mark under the fulfilment of the conditions of this Act and with effects as 
laid down in this Act.  (5) Where the proceedings on cancellation of a trade mark under Section 25 paragraph 2 and 
3 of the current law have not been completed before the commencement of this Act, the claimant in the cancellation action has to prove upon request of the Office the use of the 
earlier trade mark within the mean ing of Section 13 of this Act. 
 (6) The request for cancellation of a trade mark from register under Section 26 of the current 
law may be filed within one year after the commencement of this Act.  (7) Where the collective trade mark was registered under previous laws and the present owners have not established a special legal pers on, they can do so within one year from the 
commencement of this Act. After the fruitless expiry of this time limit, the relations among 
the present owners of the collective trade mark shall be governed by general laws on 
coownership.  (8) The relations ensuing from trade marks registered in the register before the 
commencement of this Act shall be governed by this Act. However, the creation of these relationships as well as the claims ensuing from them shall be c onsidered under the laws 
valid at the time of their creation.  (9) The declaration of a trade mark for famous  trade mark under Section 18 of the act No. 
174/1988 Coll., the Act on Trade Marks, shall remain  valid for the time period laid down in  
Section 42 paragraph 3 of the act No . 137/1995 Coll., the Act on Trade Marks. 
 
Section 53 
Empowering provisions 
The Office shall enact a decree, in which the Office shall regulate the requirements of the 
request for registration of assignment and transfer of the trade mark (Section 15), the 
requirements of the request for the entry of th e change of the proprietor of the trade mark 
(Section 16), the requirement of the entry of th e lien, enforcement of de cision and execution, 
bankruptcy proceeding, compulsory settlement (S ection 17), the requirements of the request 
for the registration of licence agreement (Sectio n 18), the requirements of the application for 
registration (Section 19), the requirements of the observations to  the application for 
registration (Section 24), the requirements of the oppositions against registration (Section 
25), the requirements of the request for amendment or split of the application (Section 27), the requirements of the request for renewal of the registration of trade mark (Section 29), the 
requirements of the request for can cellation of a trade mark or fo r the declaration of invalidity 
of a trade mark (Section 34), the particulars contained in the Register (Section 44), the 
requirements of the application for international registration and the request for actions in the 
international register of trade marks (Section 47 ), the amount of the costs of receiving and  IP/N/1/CZE/T/2 
 Page 25 
 
 
forwarding the application for Community tr ade mark (Section 49) and the number of 
wording or representation of the trade mark (Section 50 paragraph 1 letter d)). 
 
Section 54 
Repeals 
The following acts are hereby repealed: 
1. Act No. 137/1995 Coll., the Act on Trade Mark s in the wording of  later regulations. 
2. Decree No. 213/1995 Coll., Implementing the Act on Trade Marks. 
 
PART II 
 
Amendment of Act on Courts and Judges 
Section 55 
The current wording of Section 39 of th e act No. 6/2002 Coll., Act on Courts, Judges, 
Assessors and the State Judgement Administra tion and on the Amendments of Some Other 
Acts (Act on Courts and Judges) shall be ma rked as paragraph 1 and paragraph 2 shall be 
added, reading as follows:  “(2) In the Czech Republic, the Town Court in Pr ague decides as the c ourt of first instance 
for community trade marks under Art. 92 of  the EC Council Regulation No. 40/1994 of 20
th 
December 1993 on the Community Trade Mark.”.  
PART III 
ENTRY INTO FORCE 
 
Section 56 
This Act shall come into force on 1
st April 2004, except for the provisions of Part I Section 2 
letter c), Section 3 letter a) point 3 and Section 3 letter b), Section 7 paragraph 1 letter e), 
Section 11 paragraph 2, Section 46 paragraph 3, Section XII and Part II, which shall come 
into force on the day of the entry of the tr eaty on accession of the Czech Republic to the 
European Union into force. 
 IP/N/1/CZE/T/2 
Page 26  
 
DECREE 
No. 97 of 20 th February 2004 
implementing the Act on Trade Marks 
 
The Industrial Property Office stipulates according to Sec tion 53 of the Act No. 441/2003 
Coll., on trade marks and on changes of the Ac t No. 6/2002 Coll., on courts, judges, lay 
judges and state administration of courts and on changes of some other Acts (Act on Courts 
and Judges), as amended by later regulations, (Tra de Mark Act), (hereafter referred to as the 
„Act“): 
 
PART ONE 
TRADE MARKS 
Section 1 
Trade mark application 
(To Section 19 of the Act) 
 
(1) A trade mark application (hereafter referre d to as the “application”) shall also state: 
a)  the information whether a sign is to be en tered in the Register of trade marks (hereafter 
referred to as the “Register”) in normal script or in graphical form, or whether it concerns 
a figurative designation and/or a three-di mensional designation; if the designation 
contains the data in another script than the Roman alphabet, the applicant shall provide transcription of this data into the Roman alphabet, 
b)  the information whether a sign is created only by colour or by combination of colours 
including the name or number of colours st ating the name of the used pattern book of 
colours. 
 (2) Unless the sign applied for registration is in  normal script, the applicant shall attach three 
representations of the designation, size A8 to A 4, which are able to reproduce the sign clearly 
and in all details; if the application is filed in electronic form signed electronically according 
to special legal regulation
2, the applicant shall a ttach one representation. 
 (3) In the application, the I ndustrial Property Office (hereafter  referred to as the “Office”) 
shall mark the date of its f iling and assign the file number. 
 (4) Unless the administrative fee according to Section 19 paragraph 3 of the Act is paid 
within the set period, the Office shall inform the applicant that the appl ication is considered 
not filed for that reason. 
 
 
Section 2 
Observations 
(To Section 24 of the Act) 
Observations relating to the application shall contain: 
a)  the first name and surname, address of permanent residence or, as appropriate, address 
for service of a natural person or a business corporation or, as appr opriate, another name 
and seat of a legal entity (hereafter referred to as “data on identity”), which applied the 
observations, 
                                                      
2 Act No. 227/2000 Coll., on electronic signature, as amended by later regulations.  IP/N/1/CZE/T/2 
 Page 27 
 
 
b)  the data about the application file number, including the data on identity of the applicant 
(hereafter referred to as th e “data on the application”), 
c)  factual justification of observations, d)  signature. 
 
Section 3 
Opposition 
(To Section 25 of the Act) 
(1) Opposition against registration of a trad e mark in the Register shall contain: 
a)  the data on identity of a person, w ho files opposition (hereafte r referred to as the 
“opponent”), 
b)  the data on the application, against which opposition is directed, 
c)  identification of goods or services, to wh ich opposition relates, or the information that 
opposition related to all goods or servi ces mentioned in the application, 
d)  factual justification of opposition, e)  what the opponent claims, f)  signature.  (2) The opponent shall prove justification of his filing by evidences enabling discussions 
about each of opposition.  (3) Opposition, including evidences, shall be submitted in two copies. 
 
Section 4 
Amendment of an application or a registered trade mark 
(To Section 27 par. 2 and 4 of the Act) 
The request for amendment of an  application or a registered trade mark shall contain: 
a)  the data on the application or the data on the application file number or the registration 
number and the data on identity  of the trade mark proprietor (hereafter referred to as the 
“data on the trade mark”), 
b)  required amendment, c)  signature. 
 
Section 5 
Division of an application 
(To Section 27 par. 5 of the Act) 
The request for division of an  application shall contain: 
a)  the data on the application, b)  the information, how the app licant requires to divide the app lication together with the list 
of goods or services, which ar e the subject matter of the di vided application, stating the 
order of classes according to international classification
2, together with the respective 
class number, and stating the priority da te for each of di vided applications, 
c)  signature. 
 
Section 6 
Change of the proprietor 
(To Section 15 and 16 of the Act) 
(1) The request for entry of a change of the trade mark proprietor in the Register shall 
contain: IP/N/1/CZE/T/2 
Page 28  
 
a)  the data on the application or the data on the trade mark, 
b)  the data on identity of the trade mark assignee, c)  the information, whether the trade mark is assigned or whether it devolves for all goods 
or services, for which it is regi stered, or only for some of them stated in the order of 
classes according to international classification
3, together with the respective class 
number, 
d)  signature. 
 
 (2) In case of assignment of a trade mark, th e request shall be accomp anied by the contract 
of assignment, or by an extract from the contract  of assignment, or, as appropriate, by another 
document evidencing the change of the trade mark  proprietor; in case of  transfer, the request 
shall be accompanied by a document on the trade mark transfer. If the document on 
assignment or, as appropriate, tr ansfer of a trade mark is made in another than Czech 
language, the Office may as k for its translation. 
 (3) In the request for registrati on of assignment or transfer of the application, provisions of 
paragraphs 1 and 2 shall apply mutatis mutandis . 
 (4) The request for entry of a change of the trade mark proprietor according to Section 16 
shall be accompanied by the final and conclusive decision of the court in the case of a change of the trade mark proprietor. 
 
Section 7 
Other rights 
(To Section 17 of the Act) 
(1) The request for entry of a security in the trade mark, enforcement of a decision or execution, bankruptcy proceedings or compulsory  settlement proceedi ngs in the Register 
shall contain: a)  the data on the trade mark, b)  the data on identity of the entitled person, c)  signature.  (2) The request for registration of a security in the trade mark shall be accompanied by the 
security agreement, decision of court or administrative office.  (3) The request for registration of enforcem ent of a decision or execution shall be 
accompanied by the final and conclusive decision of court, administrative office, or by the 
writ of execution.  (4) The request for registration of bankruptcy  proceedings or compulsory settlement 
proceedings shall be accompanied by the court decision.  (5) If the document evidencing other rights is  submitted in another than the Czech language, 
the Office may ask for its translation. 
 
                                                      
3  Nice Agreement Concerning the Intern ational Classification of Goods and Services for the Purposes of the  
Registration of Marks dated 15 June 1957, revised in Stockholm on 14 July 1967 and in Geneva on 13 May 
1977, published under No. 118/1979 Coll., as amended by the Decree No. 77/1985 Coll 
  IP/N/1/CZE/T/2 
 Page 29 
 
 
Section 8 
Licence 
(To Section 18 of the Act) 
(1) The request for entry of a licence agr eement in the Register shall contain: 
a)  the data on the trade mark, b)  the data on identity of the licensor, c)  the data on identity of the licensee, d)  identification of goods or services, to which the licence agreement relates, or the 
information that the licence agreemen t relates to all goods or services, 
e)  the information, whether the li cence is exclusive or non-exclusive, 
f)  signature. 
 
(2) The request for entry of the licence agreement in the Regist er shall be accompanied by the 
licence agreement or another document evidencing the grant of the licence. If the licence 
agreement or another document is in another than the Czech language, the Office may ask for 
their translation. 
 
Section 9 
Renewal of registration of a trade mark 
(To Section 29 of the Act) 
(1) The request for renewal of registration of a trade mark shall contain: a)  the data on the trade mark, b)  signature.  (2) If the request for renewal of registration of a trade mark includes the request for limitation of the list of goods or services, for which the trade mark is to be renewed, the trade mark 
proprietor shall be obliged to st ate the enumeration of goods or se rvices, to which the list is 
limited, or the list of goods or services, wh ich are to be deleted from the list. 
 
Section 10 
Proposal for revocation or declaration of invalidity 
(To Section 34 of the Act) 
(1) The proposal for revocation or decl aration of invalidity shall contain: 
a)  the data on the trade mark, b)  the data on identity of the proponent, c)  identification of goods or services, to which the proposal for revocation or declaration 
of  invalidity of a trade mark relates, or the information that the proposal relates to all goods 
or services, 
d)  factual justifi cation of the proposal, 
e)  what the proponent claims, f)  signature.  (2) Proposal for revocation or declaration of  invalidity, including evidences, shall be 
submitted in two copies.  (3) The proponent shall prove justification of the proposal for revocation or declaration of 
invalidity by evidences enabling discussions about the proposal. 
 
 IP/N/1/CZE/T/2 
Page 30  
 
Section 11 
Register 
(To Section 44 of the Act) 
(1) The Register shall contain: a)  the application file number, b)  the trade mark registration number, c)  the date of fili ng of the application, 
d)  the date of origina tion of the priority right, 
e)  the date of publication of the application in the Official J ournal or, in case of conversion 
of a Community trade mark into a national trad e mark, the date of its publication in the 
Official Journal of the Office for Harmonization in the Internal Market (Trade marks and Designs), 
f)  the date of entry of the trade mark in the Register, g)  the wording or representation of the trade mark; if the trade mark contains the data in 
another script than the Roman alphabet and the applicant stated this data in the 
application, transcriptio n of this data into the Roman alphabet, 
h)  the information, whether the trade mark is  created only by colour  or by combination of 
colours, including the name or number of col ours, stating the name of the used pattern 
book of colours, 
i)  classes of figurative elements of the trade mark
4, 
j)  the data on identity of  the trade mark proprietor, 
k)  the type of the trade mark, l)  goods or services, for which the trade mark is registered, ordered by classes of 
international classification
2, together with the respective class number, 
m)  limitation of the scope of protection, n)  assignments or transfers of  the trade mark, including the data  on identity of the acquirer, 
o)  other rights to the trade mark and th e data on identity of the entitled person, 
p)  licence agreements to the trade mark and the data on identity of the licensee, 
q)  dates of trade mark registration renewals, r)  the data on identity of me mbers or partners of a legal en tity or participants in an 
association of persons entitled to use a collective trade mark, 
s)  the data on identity of a representa tive of the applican t or the proprietor, 
t)  revocation of the trade mark, declaration of invalidity of the tr ade mark or another 
termination of rights to the trade mark, incl uding waiver of a right to the trade mark, 
u)  other relevant data determined by the Office.  (2) The Register is made accessible in electron ic form also through the public administration 
portal. 
. 
 
Section 12 
Request for international registration 
(To Section 47 of the Act) 
(1) If a trade mark is entered in the Register , the request for international registration of a 
trade mark shall contain: a)  the data on the trade mark, 
                                                      
4  Vienna Agreement Establishing the International Classification of Figurative Elements of Marks dated 12 
June 1973, completed on 1.10.1985  IP/N/1/CZE/T/2 
 Page 31 
 
 
b)  the wording or representation of the trade mark, which is identical with the wording or 
representation stated in the Register; if th e trade mark is submitted for registration in 
another script than the Roman alphabet or if  it contains other than Arabic or Roman 
numerals, its transcription into the Roman al phabet, which shall be governed by rules of 
the French or English pronunciation accordi ng to the type of the international 
application 4, and transcription into Arabic  numerals shall be performed, 
c)  the data on identity of the applicant, wh ich must correspond with the data on identity of 
the trade mark proprietor entered in the Regi ster, or the data on the representative, 
d)  the list of goods or services, which may not  be longer that the lis t of goods or services, 
for which the trade mark is entered in the Regi ster, in exact translation into the French or 
English language according to the type of the international application 4, ordered by 
classes of international clas sification, together with the respective number of this 
classification, 
e)  the list of contracting pa rties of the international treaty 4, for which protection is required, 
f)  the method of payment of fees for interna tional registration accordi ng to the international 
treaty 4, the data on identity of the payer or, as appropriate, the number of confirmation 
from the World Intellectual Property Organization with the seat in Geneva (hereafter 
referred to as the “International Bureau”) about payment that has already been made, 
g)    if the trade mark is submitted for regist ration in the colour version, enumeration of used 
colours in French or Englis h according to the type of the international application 4; if the 
trade mark is created only by colour or by co mbination of colours, the information about 
this fact, 
h)  signature, i)  other elements required by the international treaty
4. 
 (2) Unless the trade mark has already been entered in the Register, the request for 
international registration of a trade mark shall c ontain the data on the application, the date of 
its filing with the Office and the data st ated in paragraph 1 letter b) to i). 
 (3) If the request for international registration of a trade mark is in another than normal script, the applicant shall attach three representations of the trade mark submitted for registration, 
whose minimum size shall be 15 x 15 mm a nd the maximum size 80 x 80 mm. The sign 
submitted for registration, including the colour vers ion, must be identical with the sign stated  
in the application or with the trade mark entered in the Register. 
 
Section 13 
Request for entry of changes relating to int ernational registration in the international 
Register of trade marks 
(To Section 47 of the Act) 
The request relating to each indi vidual change shall contain: 
a)  the number of the in ternational trade mark, 
b)  the file number of the international trade mark provided that it was assigned, 
c)  the data on identity of the international trade mark proprietor, d)  the information about  the required transaction, 
e)  the method of payment of fees for tran saction according to th e international treaty
4, the 
data on identity of the payer or, as appropriate, the number of confirmation from the International Bureau about payment that has already been made, IP/N/1/CZE/T/2 
Page 32  
 
f)  other elements required  by the international treaty5, 
g)  signature. 
 
 
Section 14 
Community trade mark 
(To Section 49 and Section 50 par.  1 letter d) of the Act) 
(1) The costs for delivery of the Community trade mark application6 to the Office for 
Harmonization in the Internal Market (Trade marks and Designs) are set in amount of 500.- 
CZK.  (2) If the request for commencement of th e national procedure for conversion of a 
Community trade mark application or a Commun ity trade mark into a national trade mark 
application is in another than ve rbal version, the applicant shall attach three representations of 
the trade mark submitted for registration, which are able to reproduce the trade mark clearly 
and in all details, size A8 to A4; if the request is filed in electronic form signed electronically according to special legal regulation
1, the applicant shall attach one representation. 
 
 
PART TWO 
ENTRY INTO FORCE 
 
Section 15 
This regulation shall enter in to force on 1 April 2004, excep t for provisions of Section 
14, which shall come into force on the date of  entering in force of the treaty on accession of 
the Czech Republic to the European Union. 
 
__________ 
 
 
 
                                                      
5 Madrid Agreement Concerning the International Registration of Marks dated 14 April 1891, revised in 
Brussels on 14 December 1900, in Washington on 2 June  1911, in Hague on 6 November 1925, in London on 2 
June 1934, in Nice on 15 June 1957 and in Stockholm on 14 July 1967, published under No. 65/1975 Coll., as amended by regulation No. 78/1985 Coll., and Protocol to Madrid Agreement Concerning the International 
Registration of Marks negotiated in Madrid on 27 June 1989, published under No. 248/1996 Coll. 
 
6   Council Regulation (EC) No. 40/94 of 20 December 1993, on the Commun ity trade mark; Council Regulation 
(EC) No. 3288/1994 of 22 December 1994; and Council Regulation (EC) No. 1992/2003 of 27.10.2003.