1   
Act No. 441/2003 Col l.  
on Trade marks and the Amendments to Act No. 6/2002 Col l. on Courts , Judges, Lay 
Judges and State Court Administration  and on the  Amendments to Certain Other  
Acts (Act on Cou rts and  Judges), as amended  
 
The Parliament has resolved on the following Act of the Czech Republic:  
 
PART ONE  
 
TRAD E MARKS 
 
CHAPTER I  
 
Section 1 
This Act shall implement  the relevant regulations of the European Union16) and shall regulate  
trade marks.  
 
GENERAL PROVISIONS  
 
Trade mark concept  
 
Section 1a  
Signs of which a trade mark may consist  
 
Under the conditions defined in this Act, a trade mark may consist of any signs, in particular, 
words, including personal names, colours, designs, letters, numerals, the shape of goods or the 
packaging of goods, or sounds, provided that such signs are capable of:  
a) distinguishing the goods or services of one undertaking from th ose of another; and  
b) being represented in the Register of Trade  marks (hereinafter referred to as “ the Register ”) 
in a manner which enables the competent authorities and the public to determine the clear 
and precise subject matter of the protection afforded to its proprietor.  
 
Section 2  
 
The following trade marks shall enjoy  protection in the territory of the  Czech Republic: 
a) trade ma rks registered  in the R egister kept by the Industri al Proper ty Office (hereinafter 
referred to as “the Office”) (hereinafter referred to as  “national trade marks”); 
b) trade marks with effects in the Czech Republic, registered in the register kept by the 
International Bureau of the World Intelle ctual Property O rganisation14) on the basis of an 
international application pursuant to the Madrid Agreement concerning the International 
Registration of Ma rks (hereinafter referred to as “Madrid Agreement ”) or of the Protocol 
Relating to the Mad rid Agreement1) (hereinafter referred to  as “international trade 
marks”); 
c) trade marks registered , pursuant to the Regulation of the European Parliament and of the 
Council on the European Union Trade Mark2) (hereinafter referred to as “European 
Parliament and Council Regulation”), in the register kept by the European Union Intellectual 
Property Office  (hereinafter referred to as “European Union Trade Mark”);  
d) trade marks which are well  known  on the territory of the Czech Republic pursuant to  Article 
6bis of the Paris Conv ention for the Protection of Industri al Property (hereinafter referred 
to as “the Paris Conv ention”)3) and to Article 16 of the Trade-Related Asp ects of  
Intellectual Property Rights4) (hereinafter referred to as “generally well known t rade marks”).  
 2  Section 3 
 
For the purpose of this Act, an “earlier trade mark”, taking account of the priority claimed 
(Section 20) , means:  
a) subject to registration and an earlier filing date:  
1. national trade mark; 
2. international trade mark; 
3. European Union  trade mark; 
 
b) European  Union  trade mark for which is claimed the seniority pursuant to Article 39 and 40 
of the European Parliament and Council Regulation on the basis of an earlier trade mark 
referred to in paragraph a) points 1 and 2 (hereinafter referred to as “seniority” ) even if the 
propr ietor has surrendered the earlier trade mark or the earlier trade mark has lapsed;  
c) applications for trade marks referred to in paragraphs a) and b), subject to their registration;  
d) well known trade mark the protection of which was acquired prior to the date of application for 
a later trade mark, if such mark enjoys protection on the date of application for the later trade 
mark.  
Grounds for refusal of protection 
 
Section 4 
 
The following shall not be registered : 
a)   a sign which cannot constitute  a trade mark within the meaning of Section 1 a);   
b)   a sign  which is devoid of any distinctive character ; 
c)   a sign  which  consist s exclusively of signs or indications which may serve, in trade, to  
designate the kind, quality, quantity, intended purpose, value, geographical origin or the 
time of production of goods or of rendering of services, or other characteristics of goods 
or serv ices; 
d)  a sign which consist s 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 consist s exclusively  of the shape , or another characteristic, which results 
from the nature of the goods  themselves , or which is necessary to obtain  a technical 
result , or which gives substantial value to the goods;  
f)  a sign  which is contrary to public policy or accepted principles of morality ; 
g) a sign  which is of such a nature as to deceive the public,  for instance, as to the nature, 
quality or geographical origin of the goods or service s;  
h) a sign  which consist s of, or reproduce s in its essential elements, an earlier plant variety 
denomination registered in accordance with the Czech Republic and European Union 
legislation, or international agreements to which the Czech Republic or the European 
Union is a party, providing protection for plant variety rights, and which are in respect 
of plant varieties of the s ame or closely related species ; 
i) a sign  which contain s signs which are protected pursuant to  Article 6ter of the Paris 
Convention 3) and the registration of which has not been authorized  by the competent 
authorities ; 
j) a sign  which conta ins badges , emblems and escutcheons other than those mentioned in 
Article 6ter of the Paris Convention 3), if their use is subject  to public interest,  unless the 
consent of the competent authority to their registration has been given ;  
k) a sign  which  contain s a sign of high symbolic value, in particular  a religious symbol ; 
l) a sign  the use of which is contrary to the Czech Republic or the European Union 
legislation  or contrary to the obligations ensuing for the Cze ch Republic from 
international agreements  to which the Czech Republic or the European Union is party , 
in particular those  providing  protection  for designation s of origin and geographical 
indications , traditional terms  for wine , and traditional special ities guaranteed.  3  Section 5 
 
The sign referred to in Section 4 b) to d) may be registered if the applicant proves that prior to 
the registration of a trade mark the sign  has acquired distinctive character, as a consequence of 
use of the sign in the trade in relation  to the applicant’s goods  or services for which 
registration is applied for . 
 
Section 6 
(deleted)  
 
Section 7 
 
(1)  No sign shall  be registered  if an opposition to the registration of a trade mark (“opposition”) 
has been lodged with the Office by: 
a) the proprietor of the  earlier trade mark  which is  identical to the sign applied for and which is 
protected for  goods or services identical to those f or which  the sign applied for shall be 
registered;  
b) the proprietor of an earlier trade mark if , because of its identity with, or similarity to, the 
earlier trade mark and the identity or similarity of the goods or services covered by the trade 
marks , there exists a likelihood of confusion on the part of the public; the likelihood of 
confusion includes the likelihood of association with the earlier trade mark.                        
c) the proprietor of an earlier trade mark identical or similar to the sig n applied for,  irrespective 
of whether the goods or services for which it is applied are identical with, similar to or not 
similar to those for which the earlier trade mark is registered , where the earlier trade mark 
has a reputation  in the Czech Republic and, in the cas e of a European Union trade mark, has 
a reputation in the European Union and the use of the sign applied for without due cause 
would take unfair advantage  of, or be detrimental to, the distinctive character or the repute of 
the earlier trade mark;  
d) the proprietor of a trade mark, if the application for registration of the trade mark 
(“application”) has been filed by the trade  mark proprietor’s representative  in his own name 
and without the proprietor’s  consent , unless the representative justifies his act ion; 
e) the user of a non -registered trade mark  or an other sign used in the course of trade, who 
acquired,  prior to  the date of application for registration, rights to the non -registered trade 
mark or other sign  used in the course of trade, if  there is a likelihood of confusion on the part 
of the public because  of the identity or similarity of the sign applied for to the non -registered 
trade mark or other sign and  the identity or similarity of the goods or services covered by 
these signs;  the   likelihood of confusion  includes likelihood of association ; 
f) the natural person whose personal rights, in particular, right to a name, right of personal 
portrayal, and right to protection of personal expressions, may be infringed on by the sign 
applied  for or, possibly, by the entity entitled to assert these rights;  
g) the person holding copyrights , if an author’s work may be infringed on by the use of the sign 
applied for; or  
h) the proprietor of an earlier right in other industrial property, if indust rial property rights may 
be infringed on by the use of the sign applied for.  
 
(2) The opposition may also be lodged  by the applicant for registration of the trade mark 
referred to in Section 3 c) and the applicant for registration of the right in other industrial 
property pursuant to paragraph 1 h), if such right is registered.  
 
(3) If the person entitled to lodge  opposit ion pursu ant to paragraph 1 (hereinafter referred to as 
“the oppon ent”) grants, after the opposition is lodged, his  written consent to the registration of 
the trade mark applied for, the opposit ion shall be  deemed to  be withdr awn and the O ffice shall 
terminate the opposit ion proceeding. 4  CHAPTER  II  
EFFECTS OF A TRADE MARK  
 
Section 8 
Rights conferred by a trade mark 
 
(1) The  proprietor of a trade mark shall  have the exclusive right to use the trade mark in 
relation  to the goods  or services covered by the  trade mark. The proprietor of the trade mark 
shall prove  his rights by means of an abstract from the Register, or by means of a certificate 
of re gistration. The p roprietor of the trade ma rk shall have  the right to use the sign ® together 
with the tr ade mark. 
 
(2) Unless otherwise provided by this Act (Sections 10 to 11), third parties may not use 
without  the consent of the  proprietor of the trade mark in the course  of trade 
 
a) any sign identical to the trade mark for goods  or services identical to  those for which the  trade 
mark is registered; 
b) any sign where, because of its identi ty or similarity to the trade mark and because of the  
identi ty or similarity of the goods  or services covered by  the trade mark, there exists a 
likelihood of confusion on the part of the public , including  the likelihood of  associ ation 
between the sign and the t rade mark; 
c) any sign identical or simi lar to the trade mark, irrespective  of whether  the goods or services 
for which it is used are identical, similar or not similar to those for which the trade mark is 
registered, where the trade mark has a reputation in the Czech Republic and the use of the 
sign without due cause would take unfair advantage of, or be  detrimental to, the distinctive 
character or the repute of the trade mark.  
 
(3) For the pu rposes of p aragraph 2, the use of a sign in the  course of trade shall mean , in 
particular: 
a) affixing the sign to the goods  or their packaging;  
b) offering the goods or putting them on the market or stocking them for those purposes 
under the sign, or offering or supplying services thereunder;  
c) importing  or exporting  the goods und er the sign, 
d) using  the sign on business documents  or in ad vertising; 
e) using the sign as a  trade or company name or part of a trade or company name;  
f) using the sign in comparative advertising contrary to other laws6). 
 
(4) The proprietor of an earlier trade mark shall be entitled to prevent  third countries from 
bringing goo ds, in the course of trade, into the Czech Republic without the goods being 
released for free circulation where such goods, including the  packaging, bear without 
authorization  a trade mark which is ident ical to the trade mark registered in respect of such 
goods or which cannot be distinguished in its essential aspects from that trade mark. This 
shall not apply if, during the proceedings to determine whether the registered trade mark has 
been infringed, initiated in compliance with the  directly applicable Eu ropean Union 
regulation7), evidence is provided by the declarant or the holder of the goods  that the 
proprietor of this trade mark is not entitled to prohibit the placing of the goods on the market 
in the country of final destination.  
 
(5) If a trade mark has been registered in the name of a trademark proprietor’s representative 
without the prop rietor’s authorization , the proprietor shall be entitled to prohibit this person 
from using the trade mark, unless he duly justifies his action.  
 
 5  Section 8a  
 
Where the risk exists that the packagin g, labels, tags, security features or devices or 
authenticity features or devices or any other means to which the trade mark is affixed could be 
used in relati on to goods or services and that  use would constitute an in fringement of the rights 
of the  propri etor of a trade mark pursuant to Section 8 (2) and (3), the proprietor of the trade 
mark shall be entitled to prohibit the following acts if carried out in the course of trade:  
a) affixing a sign identical or similar  to the trade mark on packaging , labels, tags, security or 
authenticity features or devices or any other means to which the trade mark may be 
affixed;  
b) offering or placing on the market or stocking  for those purposes or impor ting or exporting 
packaging , labels, tags, security or authenticity features or devices or any other means to 
whic h the trade mark may be affixed.  
 
Section 9 
Reproduction of  trade marks in dictionaries 
 
If the reproduction of a registered trade mark in a dictiona ry, encyclopedia or similar reference 
work in printed or electronic form  gives the impression that it consti tutes the generic name of 
goods  or services, the publisher of the work shall, at the request of the proprietor of the trade 
mark, ensure  that the reproduction of  the trade mark is, without delay , but, in the case  of works 
in printed form,  at the lat est in the next edition of the publication, accompanied by an indication 
that it is a registered trade mark. 
 
Section 10 
Limitation of the effects of a trade mark 
 
(1) If the use complies with the business usage and the principles of honest business conduct, the 
proprietor of a trade mark shall not be entitled to prohibit third parties from using, in the 
course of trade:  
a) the name and surname or address of the third pa rty, where the third party is a natural 
person;  
b) signs or indications which are not distinctive or which concern the kind, quality, 
quantity, purpose, value, geographical origin, or time of production of goods or of 
rendering of the services or other cha racteristics of goods or services;  
c) the trade mark for the purpose of identifying or referring to goods or services as those of 
the proprietor of that trade mark, in particular, where the use of that trade mark is 
necessary to indica te the intended purpo se of a product or service , in particular , as 
accessories or spare parts.  
 
(2) The proprietor of a trade mark has to tolerate in the course  of trade the use of an identi cal or 
similar sign, wh ere 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 with the laws of the Czech Republic. 
 
Section 10a  
 
(1) The proprietor of a trade  mark shall be enti tled to seek , pursuant to another law8), that the 
court prohibit the use of a sign only to the extent that  the proprietor’s rights  are not liable to be 
revoked pursuant to Section 31 (1) a) at the time the infringement action is brought.  
 
(2) If, on the date of bringing the action, the trade ma rk has been registered for at least 5 years, 
the proprietor of the trade mark shall furnish proof that, during the 5 years period preceding the 
date of bringing the action, the trade mark has been put to genuine use in compliance with 
Section 13 in connect ion with the goods or services in respect of  which it is registered and 
which are cited as justification for the action or that there are proper reasons for non -use.  6  Section 10b  
 
(1) The proprietor of an earlier trade mark shall not be entitled to seek, pursuant to another 
law8), that the court prohibit the u se of a later trade mark where the later trade mark would  not 
be declared invalid pursuant to Section 12 (1) or (3) or Section 32 b (2) or (3).  
 
(2) The proprietor of an earlier trade mark shall not be entitled to seek, pursuant to another 
law8), that the court prohibit the use of a la ter European Union trade mark where that  later 
European Union trade mark would  not be declared inval id pursuant to Article 60 (1), (3) or (4), 
Article 61 (1) or (2), or Article 64 (2) of the European Parliament and Council Regulation.  
 
(3) If the proprietor of an earlier trade mark is not entitled to seek that the court prohibit the use 
of a later trade mark pursuant to paragraph 1 or 2, the proprietor of the later trade mark shall not 
be entitled to prohibit  the use of the earlier trade mark, even though  that earlier right may no 
longer be invoked against the later trade mark.  
 
Section 11 
Exhaustion  of trade mark rights 
 
(1) The proprietor of a trade mark shall  not be entitled to prohibit  its use in relation to goods  
which have been put on the market in a Member State of the European Union  or in another 
member state of the European Economic Area under that trade mark by the proprietor or with his 
consent. 
 
(2) Paragraph 1 shall not apply  where there exist legitimate reasons for t he proprietor to oppose 
further commercialization of the goods, especially where the condition of the goods is changed 
or impaired after they have been put on the market.   
 
Section 12 
 
(1) The proprietor of an earlier trade mark, who  has acquiesced , for  a period of  5  successive 
years, in the use of a later trade mark while being aware of such use he shall no longer  be 
entitled  on the basis of the earlier trade mark to apply for a declaration that the later identic al or 
similar trade mark  is invalid in respect of  the goods or services for which the later trade mark 
has been used,  unless the registration for the later trade mark was not applied for  in good faith.  
 
(2) The proprietor of a later trade mark shall not be entitled to prohibit the use of an identical 
or similar earlier trade mark or to  apply for a declaration that  earlier trade mark is invalid even 
though  the proprietor of the earlier trade mark could no long er invoke his trade  mark rights.  
 
(3) The user of the earlier  sign  as referred to in Section 7 (1) (e), who  has acquiesced, for a 
period of 5  successive years, in the use of a later trade mark, while being aware of such use, he 
shall no longer be entitled to apply for a declaration that the identical or similar later trade mark  
is invalid in respect of the goods or services for which the later  trade mark has been used unless 
the registration for the later trade mark was not applied for in good  faith.       
 
CHAPTER  III 
 
USE OF A TRADE MARK 
 
Section 13 
Use of a trade mark 
 
(1) If, within a period of 5 years following registration the proprietor has not put the trade mark 7  to genuine use in connection with the goods or the services in respect of which it is registered, 
or if such use has been suspended during an uninterrupted peri od of 5 years, the consequences 
pursuant to Sections 10a, 26a, 31 or 32c shall occur, unless there are proper reasons for non -use. 
With regard to international trade marks designating the Czech Republic, the date of registration 
shall be considered the dat e on which the refusal of protection under the Madrid Agreement or 
the Protocol Relating to the Madrid Agreement can no longer be notified. If the refusal of 
protection has been notified on the grounds in Section 4, or an opposition has been lodged on 
the grounds in Section 7, the 5 years period shall be calculated from the date on which decisions 
in these proceedings become final and can no longer be contested in court. The genuine use of a 
European Union trade mark shall be determined in accordance with A rticle 18 of the European 
Parliament and Council Regulation.  
 
(2) The genuine u se of a trade mark for  the p urpose  of paragraph 1 shall also include:  
 
a)  use of the  trade mark in a  form differing in elements whi ch do not alter  the distinctive 
character of the trade mark in the form in whi ch it was registered, regardless of whether or 
not the trade mark in the form as used is also registered in the name of the proprietor;  
b)  affixing of the trade mark to goods  or to the packaging of goods  solely for export purposes.  
 
(3) Use of the trade mark with the consent of the proprietor  and use of a collective and 
certification  trade mark by an authorized p erson sh all be d eemed to consti tute use by the 
proprietor. 
 
Section 14  
(deleted)  
 
CHAPTER  IV 
 
TRADE MARK AS AN OBJECT OF 
PROPERTY 
 
Change of ownership 
 
Section 15 
 
(1) A trade mark may be  transferred , separately from any transfer of the undertaking, in respect 
of some or all of the goods or services for which it is registered.  The transfer of the trade mark 
shall be made  in writing by means of  a contract. 
 
(2) A trade ma rk shall be assigned  to the new proprietor also in the cases pursuant  to other 
laws10). 
 
(3) The transfer of a trade mark shall come into effect after it is register ed. Any contracting 
party shall be entitled to request the entry of the transfer  in the Register . 
 
(4) The assignment  of a trade mark shall come into effect towards third parties after it is 
register ed. The right to request the entry in the Register  shall be vested in the original 
proprietor’s legal su ccessor or in another authorized person. The transferee may undertake acts 
towards the Office relating to the trade mark already after  the deli very of the request for entry 
of transfer of trade  mark rights.  
 
(5) The Office shall enter the facts referred to  in paragraphs 3 and 4 in the Register within 1 
month after receiving all documents necessary to do so.  
 8  (6) The request  for entry of transfer or assignment  of a trade mark shall contain:  
a) information identifying  the previous trademark proprietor;  
b) information identifying the transferee; and  
c) information on whether the trade mark is transferred or assigned  in relation to all or 
only some of the goods or services for which it is registere d, presented  in the orde r of 
the classes of the  international classification9), including the relevant class number.  
 
(7) The request  for transfer of a trade mark shall be accompanied by the transfer document or an 
extract from it or, possibly, by another document substantiating a change in the trade  mark 
proprietor. The trade  mark transfer  document shall be attached to the request in the case of 
assignment.  
 
(8) The  provisions of paragraphs 1 to 7 shall  apply  mutatis mutandis  to the transfer  or 
assignment of the  application . 
 
Section 16  
 
(1) The proprietor of a trade mark registered in a Union country of the Paris Convention3) or in 
a member state of the World Trade Organization17) shall be entitled to file with cou rt a request 
for entry of change to  the trademark proprietor in the Register if the trade mark has been 
registered in the name of a representative without the trademark proprietor’s consent.  
 
(2) As a result of a final court decision, the Office shall, upon request, enter the change to the 
trademark proprietor in the Register and shall publish  this fact public in the Official Journal  of 
the Industrial Property Office (“ Official Journal ”). The reque st for change to a trademark 
proprietor has to be accompanied by the final court decision.  
 
Section 17 
Other  rights 
 
(1) A trade mark may be the subject of security or the subject of  another real right , or the 
subject of the enforcement of a decision or of a seizure procedure , and m ay be includ ed in 
assets pursuant to other laws6a).  
 
(2) Upon request, the Office shall enter the facts referred to in paragraph 1 in the Register 
within 1 month from receiving all documents necessary to do so.  
 
(3) The request  for entry of other rights shall contain:  
a) information identifying the  trademark proprietor and  
b) information identifying the  person  authoriz ed in relation to other rights  
 
(4) The request for entry of the security in respect of  a trade mark shall be accom panied by the 
security contract and the decision of the court or the a dministrative authority. The  request for 
entry of  the enforcement of a decision or of a seizure procedure shall be accompanied by the 
decision of the court or the administrative authority or by the seizure order.  
 
(5) The security in respect of the  trade mark shall be established upon  its entry in the 
Register, unless  otherwise provided  in other laws . 
 
(6) The provisions of paragraphs 1 to 5 shall apply mutatis mutandis  to the application.  
 
Section 18 
Licences  
 
(1) The right to use a trade mark may be licensed through a licensing contract  concluded 
pursu ant to other laws  for all or some of the goods  or services for which the trade ma rk is 9  registered. A licence may be exclusive or non-exclusive. 
 
(2) The proprietor of the trade mark may invoke his rights confer red by his trade mark against a 
licensee who contravenes  any provision in his licensing contract  with regard to its duration, 
the form in which the trade mark may be used,  the scope of goods and services for which 
the licence is granted, the territory in which the trade mark may be affixed , or the quality of 
the goods manu factured or of the services provided by the lic ensee. 
 
(3) The licensee shall be entitled to join the proceedings  for infringement of trademark rights, 
initiated by the proprietor of the trade mark  pursuant to other laws, for the purpose of obtaining 
compensation  for damages.  
 
(4) The licence shall take effect towards third parties  upon  its entry in the Register; any of the 
contracting parties  may request the entry in the Register.  
 
(5) An application for entry of a licence in the Register shall contain:  
a) information identifying  the licensor;  
b) information identifying  the licensee;  
c) information identifying  the products or services to which the licence relates or 
information that the licence relates to all products or services; and  
d) information on whether the licence is exclusive or non -exclusive . 
 
(6) The request  for entry of a licence in the R egister shall be accompanied by the licence 
agreement or an extract from it or another document substantiating the provision of the licence.  
 
(7) Any of the contracting parties may file a request for change in , or revocation of,  the 
regis tered licence.  
 
(8) The provisions of paragraphs 1 to 7 shall apply mutatis mutandis  to the licence for 
application . 
 
Section 18a  
Joint proprietorship of a trade mark 
 
(1) If more persons  hold rights to an ident ical trade mark (“joint proprietors ”), the relationships 
among them shall be governed by other laws19). 
 
(2) Unles s agreed otherwise among the joint proprietors, the entitlement to use the trade mark 
shall be vested in each of them.  
 
(3) For the licence agreement pursuant to Section 18 to be validly c oncluded, the consent of all 
joint proprietors shall be required, unless agreed otherwise.  Each of the joint propri etors shall be 
entitled to invoke claims associated with the infringement of  trademark rights independe nt of 
one another.   
 
(4) The consent of all joint proprietors  shall be required to transfer the  trade mark. The joint 
proprietors shall be entitled to transfer their share without the conse nt of others only to another 
joint proprietor. They can transfer their share to a third party only if none of the other joint 
proprietors accepts the written offer of transfer within 1 month.  
 
(5) The provisions of paragraphs 1 to 4 shall apply  mutatis mutandis  to the application 
submitted by more  applicants.  
 10  CHAPTER V 
APPLICATION 
 
Section 19  
Application  
 
(1) An application for a trade mark registration shall be filed at the Office . Each application may  
concern only one trade mark.  
 
(2) The application shall  contain:  
a) information identifying the applicant;  
b) a list of the goods or services in respect of  which the registration is requested ; and  
c) wording, graphical  or other representation  of the sign applied for , meeting the 
requirements in Section 1a b)  
 
(3) If an applicant is represented, the application shall  contain information identifying the 
representative  and the representation document shall be attached to it.  
 
(4) If the applicant claims  the right of priority pursuant to Section 20, he shall specify  in the 
application the date of the application from which he infers the right of priority, as well as  the 
country in which that application was filed. If the applicant claims  the right of priority based on 
several applications, he shall specify  in relation to each product or service the application he 
infers the right of priority  from . 
 
(5) In the application, the applicant shall specify  the type of the trade mark covered by the 
application for registration. The particular types of trade  marks, including the representation 
requirements , are referred to in Annex No. 1 to this Act.  
 
(6) The Office shall publish on  its website the technical requirements for representation of the 
sign to be registered  in electronic form . If the sign applied for is not represented  in electronic 
form, the applicant shall submit the A8 to A4 size graphical representation capable  of 
reproducing the trade mark  clearly  in all details and with all features or colours.   
 
(7) Where the orientation of the sign to be registered is  not obvious, it shall be indicated by 
adding the word “top” to each reproduction.  If the sign applied for contains characters other than 
Latin , the applicant shall transliterate  these characters into the Latin  script.  
 
(8) The filing of a sample or a specimen shall not constitute a proper representation of a sign  
applied for . 
 
Section 19a  
 
(1) The goods and services in respect of which trade mark application is filed shall be classified 
in conformity with the system of Inter national Classification of Goods and Services9). The Office 
has the international classification of goods and services published  on its website for trademark 
registration purposes.  
 
(2) The goods and services for which protection is sought shall be identified by the applicant 
with sufficient clarity and precision to enable the competent authorities and economic operators , 
on that sole basis, to determine the extent of the protection sough t.  
 
(3) For the purposes of paragraph 2, the general indications included in the class headings of the 
international classification or other general terms may be used, provided that they comply with 11  the requisite standards of clarity and precision.   
 
(4) The general terms, including the general indications of the class headings of the international 
classification, shall be interpreted as including all the goods or services clearly covered by the 
literal meaning of the indication or term. The use of such te rms or indications shall not be 
interpreted as comprising a claim to goods or services which cannot be so understood.  
 
(5) Where the applicant requests registration for more than one class, the applicant shall group 
the goods and services according to the classes of the international classification, each group 
being preceded by the number of the class to which that group of goods or services belongs, and 
shall present them in the order of the classes.   
 
(6) Goods and services shall not be regarded as being similar to each other on the ground that 
they appear in the same class under the international classification. Goods and services shall not 
be regarded as being dissimilar from each other on the ground that they appear in different 
classes under the intern ational classification.  
 
Section 20 
Date of filing of the application 
 
(1) The Office shall record  the date of filing of an application. With the date of filing the 
application, the applicant acquires the right of priority against any third person who lat er files an 
application for an identic al or si milar trade mark for  identic al or si milar goods or s ervices. 
 
(2) The applicant has to invoke the  right of priority ensuing from the Paris Conv ention3) in the 
application and has to prove it  within 3 months after the filing of  the application, otherwise the 
Office shall  not grant the right of priority. The right of priority may be  invoked  in an 
application filed in any Conv ention country of the Paris Conv ention3) or in a memb er country 
of the World Trade Organization17); if the country of the first application is neither a 
Conv ention country of the Paris Conv ention3) nor a memb er country of the World Trade 
Organization17), the right of priority based on this application can be granted under the 
condition of  mutuality. The time period for proving 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 shall  issue a certificate about the granted right of  
priority (prio rity certificate). 
 
CHAPTER VI  
APPLICATION PROCEDURE 
 
Section 21  
Formal examination  
(1) The Office shall examine whether the application complies with the requirements referred 
to in Sections 19 and 19a.  
 
(2) If the application does not satisfy the requirements referred to in Section 19 (2), the Office 
shall request the applicant to remedy  the deficiencies within the set time limit , which has to be 
at least 2 months long . If the applicant complies with the Office’s request, the Office shall 
accord as the date of filing of th e application the date on which the deficiencies are remedied . 
 
(3) If the application does not satisfy the requirements referred to in Section 19 (1), (3) , (5), (6) 
or (7) or in Section 19a (1), (2) or (5), the Office shall request  the applicant to remedy the 
deficiencies  within the set time limit , which has  to be at least 2 months long.  12   
(4) If the deficiencies referred to  in paragraphs 2 and 3 are not remedied , the Office shall reject 
the application.  
 
(5) If the deficiencies referred to in Section 19a (1), ( 2) or (5) are not remedied in respect of 
only some of the goods or services, the Office shall reject  the application  only i n so far as those 
goods or services are concerned . 
 
Section 22 
Substantive  examination 
 
(1) Where, under Section 4, the sign applied for is ineligible for registration , the Office shall  
refuse the application. Where the sign applied for is ineligible for registration in respect of  only 
some goods  or services, the Office shall refuse the application only in  so far as those goods or 
services are concerned . The Office shall  publish information  on the refusal of the application in 
the Official Journal. 
  
(2) The application shall not be refused before the applicant has been allowed the opportunity to 
submit his observations  to the g rounds, for  which the Office intends to r efuse the application. 
 
Section 23 
Publication of the application 
 
If the conditions as laid down in th is Act have  been ful filled, the  Office shall publish the 
application in the Official Journal. 
 
Observations  by third parties  
and opposition  
 
Section 24 
 
Observations 
 
(1)  Any person may, by the end of the time limit  for filing an opposition  pursuant to Section 
25, submit  to the Office observations based on the grounds pursuant to Section 4; the  Office 
shall  take into account  the observations in the course of the registration proc edure . A person who has 
made  the observations shall  not be a party to the p roceedings before the Office.  
 
(2)  The applicant shall be informed about the observations and the outcome of their 
assessment and may comment on them  within the time limit  set by the Office. The Office 
shall  inform the person who has made the observations about the outcome  of their assessment . 
(3)  The observations referred to in  paragraph 1 shall not be based on the grounds  pursuant  to 
Section  
(4) If the observations are submitted in paper form, they shall be submitted , including the 
evidence,  in two copies.  
 
Section 25 
Opposition 
 
(1) The p ersons  referred to in Section 7 may file  an opposit ion within a period of 3 months 
following  the publication of the application; notice  of opposit ion to registration of the trade 
mark  may be based  on the grounds referred to in Section 7. The time limit  for filing  the 
opposit ion shall not  be extended or restituted . 
 
(2) The notice of opposition  has to contain reasons  and has to be suppo rted by evidence 13  enabling its examination . The Office shall  not consid er any amend ments to the opposi tion or 
any eviden ce submi tted in support  of the opposit ion made  after the expiry of the  time-limit 
pursuant to  paragraph 1.  
 
(3) The notice of opposition  may be filed on the basis  of one or more earlier rights provided 
that all of them belong to the same opponent.  
 
(4) The opposition may be based on a part or all of the goods or services in respect of  which 
an earlier rig ht is protected or in respect of  which is applied for and may relate to a part or all 
of the goods or services in respect of which an application is filed.  
 
(5) The opposition shall contain:  
a) an indication of the goods or services to which the opposition relates or indication that 
the opposition relates to all of the goods or services stated in the application;  
b) identification of the opponent’s earlier rights on which the opposition is based; and  
c) an indication of the goods or services on which the opposition is based or in dication  
that the opposition is based on all of the goods  or services protected by the opponent’s 
earlier rights . 
 
(6) If the notice  of opposition is submitted in paper form, it shall be submitted, including the 
evidence, in two copies.  
 
Section 26  
Opposition proceedings  
 
(1) The Office shall refuse  the opposition if it is not filed  within the statutory time limit  by the 
person  referred to in Section 7, no reasons , or no evidence is submitted.  
 
(2) Unless the Office refuse s the opposition pursuant to paragraph 1, it shall communicate the 
content of the opposition notice to the applicant and shall set a time limit  for the applicant 
to file observations to the opposition. If the applicant submits no observations  to the 
opposition within the set time limit , the Office shall base its ruling on the opposition on the 
contents of the file.  
 
(3) If the Office finds that the sign applied for do es not infringe the opponent’s legally 
protected earlier rights referred to in Section 7, it shall refuse  the opposition.  
 
(4) If the Office finds that the sign applied for infringes the opponent’s legally protected 
earlier rights  referred to  in Section 7, it shall refuse the a pplication. If there is a  reason for 
refusing the  application only in respect of  certain goods or service s, the Office shall refuse 
the application o nly in connection with  these goods or services.  
 
(5) The Office shall  publish  information on the refusal o f the application or of the opposition 
in the Official Journal.  
 
Section 26a  
Special provisions concerning the proof of use of a trade mark in the opposition 
proceedings  
 
(1) If the earlier trade mark has been registered at least 5 years preceding to the date of filing or 
the date of priority of the application, at the request of  applicant  the opponent shall furnish 
proof that, during the 5 years period preceding the date of filing or the date of priority of the 14  application, an ear lier trade mark has been put to genuine use in compliance with Section 13 in 
connection with the goods or services in respect of which it is registered and  on which the 
opposition  is based , or that there are proper reasons for non -use,  
 
(2) The applicant may file the request pursuant to paragraph 1 to  the Office at the latest within 
2 mo nths from  the delivery of the opposition  notice to file observations . The time limit  for filing  
the request for proof of  use of an earlier trade mark shall not be extended or restituted .  
 
(3) The request for proof of use of an earlier trade mark shall contain:  
a) registration number of the opponent’s earlier trade mark;  
b)  an indication  of the goods or services in respect  of which the proof of use  of the  
trade mark is requested , or indication that the proof of use is requeste d in respect of  
all of the goods or services on which the opposition is based ; and  
c) justification of the  admissibility of the request  containing an indication  that the 
request concerns earlier  trade mark  or earlier trade marks  pursuant to paragraph 1.  
 
(4) The request  shall be submitted  through a separate filing and has to be unconditional and 
clear.   
 
(5) If the request  is submitted in p aper form, it shall be submitted  in two copies.  
 
(6) If the request for proof of use of a trade mark does not comply with the required elements 
or is filed after the expiry  of the time limit  pursuant in paragraph 2, it shall be deemed not to 
have been filed and the Office shall indicate this  in the decision on the opposition.  
 
(7) Within 4 months from the delivery of the Office’s  letter , the opponent shall submit 
evidence  of genuine use  of the  earlier trade mark or evidence of the existence of proper  reasons  
for non -use. This time limit  shall not  be extended or restituted . If the evidence  of genuine use is 
submitted in paper form, it shall b e submitted in two copies.  
 
(8) If the earlier tr ade mark has been put to genuine use only in connection with some goods or 
services in respect of  which it is registered, it shall be considered a s registered only in 
connection with  these goods or services for the purposes of examining the opposition.  
 
(9) If the op ponent fails to prove the genuine  use of the earlier trade mark pursuant to 
paragraph 1 within the statutory time limit  or fails to pr ove the existence of proper reasons  for 
non-use and the earlier right is the only  opposed  one, the Office shall refuse  the opposition . 
 
Section 26b  
Friendly  settlement  
 
If the applicant and the opponent request  jointly , the Office shall, during the opposition 
proceedings, set a time limit  of at least 2 months for a friendly settlement.    
 
Section 27 
Amendment of the application 
 
(1) Unless otherwise provided, the application shall not be subject to any changes , in particular, the 
list of goods and services in respect of  which the application h as been fil ed, shall not be 
extended . 
 
(2) The application may be amended , upon request of the applicant,  only by correcting the 
first name , surname,  name,  corporate name, domicile residency address , or the company 15  residence , or errors of wording or of  copying or obvious  mistakes, provided  that such correction 
reflects reality  and does not substantially change the sign applied for. Where the  amendm ent 
affects the sign applied for or the list of goods  or services and is made  after the publication of the 
application, the application shall  be published again as amend ed. 
 
(3) The applicant may at any time withdraw his application. The Office shall terminate the 
proceedings on the application which has been withdrawn . 
 
(4) The applicant may at any time restrict the list of goods or services in the application. The 
restriction cannot be withdrawn.  
 
(5) The applicant may divide  an application filed for more goods or services. The divisional 
applications shall preserve the priori ty date of the original application, provided they contain 
only the goods or services of the original application.  
 
(6) In the request for an amendment of  the application, the applicant shall specify the reque sted 
amendment. If the division of application is requested, , the applicant shall specify requested 
division, the list of the goods or services subject to the divisional  application and  shall group the 
list of goods or services according to the classes of the international class ification9), each group 
being preceded by the number of the class to which that group of goods or services belongs,  
and the  priority  date for each of the divisional  applicatio ns. Where the restriction of the 
application is requested, the applicant shall s pecify the goods or services  subject to restriction 
and shall group the list of goods or services according to the classes of the international 
classification9), each group being preceded by the number of the class to which that group of 
goods or services belongs . 
 
(7) The provisions of paragraphs 1, 2, 4 to 6 shall apply to the registered trade mark  mutatis 
mutandis . 
 
Section 28 
Registration 
 
(1) Where an  application meets the requirements  set out in this Act, the proceedings on the 
application have not been terminated, and where no notice of oppo sition has been  filed within the 
time limit  pursu ant to Section 25 paragraph 1 or where the opposit ion has been  refuse d by a 
final decision or the opposit ion proceedings have been  terminated by a final decision, the 
Office shall  register the tr ade mark, together with  the date of the registration, and shall issue to 
the proprietor of  the trade mark a certificate of registration. 
 
(2) The Office shall  publish the registration of the trade mark in the Official Journal.  
 
(3) The registration of the trade mark shall take effect from  the date of registration.  
 
 
CHAPTER VII 
 
DURATION AND RENEWAL OF THE TRADE MARK REGISTRATION 
 
Section 29  
Duration and renewal  
 
(1) Trade mar ks shall be registered for a period of 10 years from the date of filing of the 16  application. If the proprietor of a trade mark does not apply for renewal of the registrat ion, the 
trade mark shall expire . The Office shall  inform the proprietor of the trade m ark of the expiry  of 
the registration at least 6 months before the said expiry. F ailure to give such  information shall 
not involve the responsibility  of the state for damages caused  in the exercise of state authority 
pursuant to other law s20) and shall not affect the expiry of the registration.  
 
(2) Registration of the trade mark shall be renewed at the request of the proprietor of a trade 
mark, for further period of 10 years. The request  for renewal shall be submitted in the twelve -
month period prior to the expiry of the registration, at the latest on the date of expiry . The time 
limit for submitting the  request  for renewal of  the registration shall not be extended or 
restituted . 
 
(3) The request  for renewal of the registration may  be filed at the latest within a further period 
of 6 month following the expiry of the registration.  
 
(4) If the request is not submitted within  the time limits  referred to  in paragraph 2 or 3, it s hall 
be deemed not to have been filed . 
 
(5) If the request  for renewal of the registration is submitted  in respect of only some of the 
goods or se rvices for which  the trade mark is registered, the regist ration shall be renewed for 
those goods or services only. 
 
(6) If the registration of a trad e mark is to be renewed in respect of only some of the goods or 
servic es, the proprietor shall indicate  those  goods or services  for which  renewal is requested, or 
those goods and services for which renewal is not requested . 
 
(7) Renewal  shall take effect from the date on which the existing registration  expires . The 
Office shall register the renewal  and shall publish it  in the Official Journal.  
 
Section 29a  
Special provisions concerning renewal  
 
(1) The proprietor of a trade mark finally revoked or declared invalid by the Office , which is 
subject to a court review of the decision pursuant to another law12), may submit  a request  for 
renewal of the trade mark within the time limits  specified in Section 29 (2) or Section 29 (3) as 
if the trade mark was registered.  
 
(2) If the sign applied for has not been registered  within 10 ye ars from the date of filing of the 
application , the applicant may submit a request for renewal  as if the  trade mark was  registered 
in the last year of such period. The ap plicant may submit the request  within the time limits  
specified in Section 29 (2) or Section 29 (3).  
 
CHAPTER VIII 
 
SURRENDE R, REVO CATION AND INVALIDITY 
 
Section 30 
Surrender of trade mark rights 
 
(1) The proprietor m ay surrender his trade mark rights by means of a  declaration in r espect of 
some or  all of the goods or s ervices for which the t rade mark is r egistered; the surrender shall  
take effect with the date of delivery of the trade  mark proprietor’s  declaration to the O ffice 17  and cannot be withdr awn. The Office shall  enter the surrender of the trade mark rights in the 
Register and shall publish it in the Official Journal. 
 
Section 31 
Revocation 
 
(1) The Office shall revoke the trade mark in the proceedings initiated upon application  filed by  
third party if: 
a) within a continuous period of  5 years  prior to the application  for revocation, the  trade mark 
has not  been put to genuine use in connection with  the goods or s ervices in r espect of which 
it is registered, and the re are no p roper reasons f or non-use; the use  which commenced or 
which was resumed following  5 years of non-use of the trade mark within 3 months preceding 
the filing of the application  for revocation sh all be d isregarded wh ere the p reparations for  the 
commencement or  the resumpt ion of  the use  occurred only after the proprietor b ecomes aware 
that the application  for revocation  may be filed ; 
b)  in consequence of acts or ina ctivity of the  proprietor, the t rade mark has become the 
common name in the trade for a product or service in respect of which it is registered;  
c) in consequence of the use made of the trade mark by the proprietor of the trade mark or 
with his consent in respect of the goods or services for wh ich it is registered, the tr ade mark is 
liable to mislead the public, particul arly as to the nature, quality or geographical origin of those  
goods or services. 
 
(2)   In a proceeding initiated  upon  application filed within 6 months follow ing the date on 
which the court decision declaring the  use of a trade mark to be unfair competi tion becomes 
final, the Office shall  revoke the trade mark. The time limit  for filing the application  for 
revocation of the trade mark shall not be extended or restituted .  
 
(3) The application  for revocation of a trade mark has to contain reasons  and, in the case  of the 
application  pursuant to paragraph 1  b) or c) or paragraph 2, shall be supported by  evidence    
enabling its examination.  
 
(4) The application  for revocation of a trade mark may relate to a part or all of the goods or 
services for which the trade mar k is registered.  
 
(5) The application for revocation of a trade mark sh all identify the goods or services to which it 
relates or information that it relates to all goods or services.  
 
(6) If the application for revocat ion of a trade mark is  submitted  in paper form, it shall be  
submitted , including the  evidence , in two copies.  
 
Section 31a  
  Proceedings  on the application for revocation of a trade mark 
 
(1) The Office shall communicate the application for revocation of the trade mark to the 
proprietor of a trade mark and shall set a time limit  for the pro prietor to file observations to the 
application  and, in the case  of the application pursuant to Section 31 (1) a), to submit proof of 
genuine  use. The Office shall decide on  the application even if the proprietor submits no 
observations to the application within the set time limit . 
 
(2) If the evidence of genuine  use of a trade mark is submitted in paper form, it shall be 
submitted in two copies.  
 18  (3) If the Office finds that the application for revocation of a trade mark is unjustified, it shall 
refuse  it. 
 
(4) If the Office finds that there is a reason for revocation pursuant to  Section 31, it shall 
revoke the trade mark. If th e reason for revocation relates only to some of the goods or services 
for which the trade mark is registered, the Office shall revoke the trade mark within the scope of 
these goods or services.  
 
(5) To the extent to which the proprietor’s rights are revoked, the registered trade mark shall be 
considered as mark which, from the date of filing of the application for revocation, does not 
have the effects stipulated in this Act . Upon  request  of the party to the proceedings , the Office 
may state an other  earlier date  of occurrence  of the reason for revocation in the decision on the 
application for revocation of the trade mark.  
 
Section 32 
Invalidity 
 
(1) The Office shall declare the trade mark invalid  in the  proceeding s initiated  upon  
application   filed by  third party, where  the trade mark has been registered contrary to the 
provisions of  Section 4 or where  the trade mark application was  not filed in good faith.  
 
(2) Where the trade mark has been registered  contrary to  the provisions of Section 4 letter  b) 
or c) or d), it  shall not be declared invalid if, in consequence of the use  which has been made of 
it, it has, prior to the initi ation of the  proceedings , acquired a distinctive character in relation 
to the goods or services for which it is registered. 
 
(3) The Office shall declare a trade mark invalid in the proceedings initiated  upon application  of 
the person m entioned in Section 7 and for the reasons mentioned in that provis ion. 
 
(4) The conditions for claiming the earlier righ ts referred to  in Section 7 shall b e fulfilled 
already on the date of filing of the trade mark application o r on the date of the right of priority 
of the later  trade mark.  
 
(5) Where the trade mark is declared invalid,  it shall  be considered as never  registered. 
 
(6) A trade mark may be declared invalid  even after its proprietor surrendered the trade mark or 
after the trade mark has lapsed or has been revoked.  
 
(7) Where the ground  for invalidity exists only in respect of some  of the goods or services for 
which the trade ma rk is registered, the trade ma rk shall  be declared invalid as regards those 
goods or services only. 
 
Proceedings o n the application for a declaration of invalidity of a trade mark  
 
Section 32a  
 
(1) An application for a declaration of invalidity of a trade mark has to contain reasons and has 
to be supported by evidence enabling its examination.  
 
(2) The application for  a declaration of invalidity of a trade mark pursuant to Secti on 32 (3) 
may be filed on the basis of one or m ore earlier rights provided that all of them belong to the 
same applicant.  19   
(3) The application for  a declaration of invalidity of a trade mark may  relate  to a part or  all of 
the goods or services for which the trade mark is registered.  
 
(4) The Office shall communicate the application for a declaration of invalidity to the 
proprietor of the trade mark   and shall set a time limit  for the proprietor to file observations to 
the applica tion. The Office shall decide on  the application even if the proprietor submits no 
observations  to the application.  
 
(5) The application for a declaration of  invalidity of  a trade mark  shall contain:  
a)  an indication of  the goods or services to whi ch the application for a declaration of 
invalidity of a trade mark relates or indication that the application  relates    to all of the 
goods or services;  
b) an identification of the applicant’ s earlier rights on which the application is based, if 
the application is filed pursuant to Section 32 (3) of this Act; and  
c)  an indication of  the goods or services on which the application is based or indication 
that the application is based on all of the goods or services protected by the applicant’s 
earlier rights  
 
(6) If the application for a declaration of invalidity of a trade mark is submitted  in paper form, 
it shall be submitted , including the evidence , in two copies.  
 
Section 32b  
 
(1) The Office shall refuse  the application fo r a declaration of invalidity of a trade mark  if: 
a) the trade mark is not e xcluded from registration for the  reasons referred to in Section 4 
or the conditions of Section 32 (2) are met;  
b) the a pplication for registration was filed in good faith; or  
c) the registration of the trade mark did not infringe the third parties’ legally protected 
earlier rights referred to in Section 7 . 
 
(2) The Office shall re fuse the application if the applicant fails to prove  the genuine use of an  
earlier trade mark pursuant to Section 32c or fails to prove the  existence of  proper reasons   for 
non-use and  the earlier right is the only  opposed  one; otherwise, the Office shall disregard such 
trade mark in the examination of the application . 
 
(3) An application for a declaration of invalidity of a trade mark on the basis  of a conflict of the 
trade mark with  an earlier trade mark  shall not succeed if it would not have been success ful at 
the filing date or the priority date of the later trade mark for any of the following reasons:  
a) the earlier trade mark liable to be  declared invalid pursuant to Section 4 b),  c) or d) had not 
yet acquired a distinctive character as referred to in  Section 5;  
b) the application for a declaration of invalidity of  a trade mark is based on the reason referred 
to in Section 7 (1) b ) and the earlier trade mark had not yet become sufficiently  distinctive to 
support a finding of likelihood of confusion; or  
c) the application for a declaration of invalidity of a trade mark  is based on the reason referred 
to in Section 7 (1) c) and the ear lier tra de mark had not yet acquired a reputation.  
 
(4) Where the seniority is claimed for a European Union trade mark on the basis of a trade 
mark which the proprietor has surrendered or has allowed it to lapse, the trade mark being the 
basis for claiming the seniority may be declared invalid or the rights of the proprietor of such 
trade mark may be revoked subsequently provided that the trade mark would have been liable to 
be declared invalid or revoked at the time when the proprietor surrendered it or allowed it to 
lapse, in which case the senior ity shall cease to have effect.  20   
Section 32c  
Special provisions concerning the proof of use of a trade mark in the proceeding s for a 
declaration of invalidity of a trade mark  
 
(1) If, on the date of filing of the application  for declaration of invalidity  pursuant to Section 32 
(3), an earlier trade mark has been registered for  at least 5  years, the applicant shall furnish 
proof, upon  request of the proprietor of the  later trade mark, that, during the  5 years period 
preceding the  date of filing of application  for a declaration of invalidity , the earlier trade mark 
has been put to genuine use  in compliance with Section 13 in connection with the goods or 
services for which it is registered and on which the application  for declaration of invalidity  is 
based, or that there are proper reasons for non -use. If, on the date of filing of the application f or 
registration of  a later  trade mark or on  the date of the right of priority of a later trade mark, the 
earlier trade mark has  been registered for at least 5 years , the applicant shall furnish proof  that 
the conditions in Section 13 are fulfilled on that date.  
 
(2) The proprietor of a later trade mark may file the request  pursuant to paragraph 1 to  the 
Office at the latest within 2 months fr om the delivery of the  Office communication to the 
proprietor  of the later trade mark  for filing  observations  to the application for a declaration of 
invalidity . The time limit  for filing the request  for proof of use of an earlier trade mark shall not 
be extended or restituted .  
 
(3) If the request for proof of  use of a trade mark does not comply  with the required elements 
or is filed after the expiry  of the time limit  pursuant  to paragraph 2, it shall be deemed  not to 
have been filed and the Office shall indicate  this fact in the decision on the application for a 
declaration of invalidity of the trade mark . 
 
(4) The request  for   proof of   use of an earlier trade mark shall contai n: 
a) registration number of the applicant’s earlier trade mark;  
b)  an indication of  the goods or services in  respect of which the  proof of use of a trade mark is 
requested, or indication that the proof  of use is requested in respect of all goods or services 
on which the application for a declaration of invalidity of the trade mark is based ; and  
c) justification of the admissibility of the request,  containing an indication that the request 
concerns  earlier trade mark or earlier trade mark s pursuant to paragraph 1 . 
 
(5) The request shall be submitted through  a separate filing and has to be unconditional and 
clear. If the request is submitted  in paper form, it shall be submitted in two copies.  
 
(6) Within 4 months from the delivery of the Office’s letter , the applicant shall submit 
evidence of genuine  use of the earlier trade mark or evidence of the existence of  proper reasons 
for non -use. If the evidence  of genuine  use is submitted in paper form, it shall be submitted in 
two copies.  
 
(7) If the earlier trade mark has been put to genuine use only in connection with  some of the 
goods or services in respect of which it is registered, it shall be considered as registered on ly for 
these goods or services for the purposes of the examination of the application for a declaration 
of invalidity of the trade mark . 
 
Section 33 
Special provisions on the effects of revocation and invalidity 
 
(1) The e ffects of the revocation or  invalid ity of a trade mark shall  not a ffect: 21  a) decisions in the m atter of infringem ent of tr ade mark rights wh ich became effective and 
which were enforced before the effective date of the decision on the revocation or inv alidity of 
a trade mark, 
b) agreements concluded before the effective date of the decision on the 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 inv alidity); it is how ever possible  to cl aim the surrender of the 
fulfilment already provid ed on the b asis of the  agreement.  
 
(2) The provision  of paragraph 1 shall  not a ffect the liability of the proprietor of the trade mark 
for damages or unjustified enrichm ent. 
 
Section 34  
(deleted)  
 
CHAPTER  IX 
 
SPECIAL PROVISIONS CONCERNING COLLECTIVE AND 
CERTIFICATION TRADE MARKS 
 
Section 35 
Colle ctive trade mark 
 
(1) A collective trade mark shall be a trade mark which is described as such when the trade 
mark is applied for and is capable of distinguishing the  goods  and services of the memb ers or 
shareholde rs of a legal person from those  of other  persons.  
 
(2) An application for registration of a collective trade mark may be filed by a legal person , in 
particular, an association of manufacture rs, producers, suppliers of services, and  traders which, 
under the terms of the law organizing them, have legal capacity  and personality, as well as by 
legal persons  governed by public law.  
 
(3) Chapters I to V III and X and XI shall apply to collective trade marks to the extent that the 
Chapter IX does  not provide otherwise.  
 
Section 36 
Requirements of the application for a collective trade mark 
 
(1) In addition to  the requirements mentioned in Section 19, the application for a collective 
trade  mark shall  contain information identifying  the applicant’s members or shareholders authorized 
to use the collective trade mark.  
 
(2) The application for a collective trade mark shall be accompanied by a n agreement 
governing use of the collective trade mark, specifying  at least the persons authorized to use the 
collective trade mark, the  conditions of membership in a  legal person , and th e conditions of use 
of the collective trade mark, including  sanctions . 
 
 
Section 37 
Examination of application for a collective trade 
mark 
 
(1) The O ffice shall  examine the  application for a collective tr ade mark within the scope of 22  Sections 21 and 22; the condition referred to in  Section 4 b) shall be examined with respe ct to 
Section 35 p aragraph 1.  
 
(2) In addition to the grounds for refusal of an application pursuant to Section 4, the Office 
shall refuse the application for collective trade mark where : 
a) the application does not satisfy the requirements of  Section 35 or 36;  
b) the agreement governing use is contrary to public policy or to accepted principles of 
morality ; or 
c) the public is liable to be misled as regards the character or the significance of the trade mark, 
in particular, if it is likely to be taken to be something other than a collective tra de mark.  
 
(3) Observations regarding  the application for a collective trade mark may be based, in addition 
to the grounds  pursuant to  Section 24, on  the grounds  in paragraph 2 b) or c) or Section 36 (2).  
 
(4) An application shall not be refused if the app licant, as a result of amendment of the 
agreement governing use, meets the requirements of paragraph 2 . 
 
(5) Where the application for a collective trade mark meets the requirements set out in this Act, 
the Office shall register the collective trade mark and the applica nt shall become the proprietor 
of the collective trade mark.  
 
Section 38 
Rights conferred by a collective trade mark 
 
(1) The members or the shareholders of the proprietor of a collective trade mark entered  in the 
Register shall have the exclusive right to  use the collective trade mark in relation to the goods or 
services covered by the collective trade mark.  
 
(2) The proprietor of the collective trade ma rk shall have  the rights pursuant to  Chapter  II to the 
extent that this  Chapter does not provide otherwise . 
 
(3) The members or the shareholders of the pr oprietor of a collective trade mark shall  have the 
rights pursuant to paragraph 1 in accordance with the conditions laid down in the agreement  
governing use . 
 
(4) The proprieto r of a collective trade mark shall be entitled to claim compensation on behalf 
of the  members or shareholders who have authority to use the trade mark  pursuant to paragraph 
1 where they have sustained damage in consequence of unauthorized use of the trade mark.  
 
(5) For the purpose of claiming compensation, t he proprietor’s member or shareholder specified  
in paragraph 1 may be entitled to intervene in infringement proceedings concerning the 
collec tive trade mark.  
 
Section 38a  
Amendments to the agreement governing use 
 
(1) Upon  request of the proprietor of a collective trade mark, the Office shall register  an 
amendment to the composition of the proprietor’s members or shareholders.  
 
(2) The proprietor of a  collective trade mark  shall submit to the Office any amendment of the 
agreement governing use.  
 
(3) Amendments to the agreement  governing use shall be mentioned in the register if the 23  amended agreement  satisf ies the requirements of  Section 36 (2) and does not  involve any of the 
grounds for refusal referred to in Section 37 (2) b) or c).  
 
(4) Amendments to the agreement  governing use shall take effect towards third parties from 
the date of entry of the mention of those amendments in the Register.  
 
Section 39 
Limits on  rights conferred by a collective trade mark 
 
The collective trade mark cannot be the subje ct of licence.  
 
Section 40  
Revocation of a collective trade mark and declaration of invalidity  
 
(1) In addition to the grounds referred to in  Section 31, the Office shall revoke a collective 
trade mark if:  
a) the proprietor of the col lective trade mark does not take reasonable steps to prevent the 
trade mark from being used in a manner incompatible with the conditions of use laid 
down in the agreement  governing use, including any amendments  which have been  
mentioned in the register;  
b) an amendment to the agreement  governing use has been mentioned in the Register in 
breach of Section 38a, unless the prop rietor of the trade mark, by further amending the 
agreement  governing use, complies with the requirements of this Section ; or  
c) the manner in wh ich the trade mark has been used by authorized persons has caused it 
to become liable to mislead the public in the manner referred to in  Section 37 (2) c) . 
 
(2) The declaration of invalidity of a collective trade mark shall be subject to Section 32; the 
compliance with  the condition in Section 4 b) shall be considered with regard to Section 35 (1). 
The Office shall declare the collective trade mark registered in breach of  Section 37 (2) invalid 
on the basis of an application to the Office,  unless the propri etor of the trade mark, by further 
amending the agreement governing use, complies with the requirements referred to in  Section 
37 (2).  
 
Section 40a  
Certification trade mark 
 
(1) A certification trade mark shall be  a trade mark  which is described as such when the trade 
mark is applied for and is capable of distinguishing the goods or services , certified by the 
proprietor of that trade mark for material, mode of manufacture of goods or performance of 
services, quality, accuracy or other characteristics, from the goods or services  which are not so 
certified.  
 
(2) Any natural or legal person competent to certify the products or services for which a 
certification trade mark is applied may apply for the certification trade mark  provided that such 
person does not carry on a business involving the supply of goods o r services of the kind  
certified.  
 
(3) Chapters I to VIII and X and XI shall apply to certification trade marks to the extent that 
the Chapter IX does not provide otherwise.  
 
Section 40b  
Requirements and examination of the application for a certification trade mark 
 
(1) the application for a certification trade mark shall be accompanied by regulations governing 24  use. The requirements  of the regulations governing use are mentioned  in Annex No. 1 to this 
Act. 
 
(2) The Office shall examine the application for a certification trade mark within the scope of 
Sections 21 and 22 ; the condition referred to in Section 4b) shall be examined with respect  to 
Section 40a (1).  
 
(3) In addition to the grounds for refusal of  an ap plication pursuant to Section 4, the Office 
shall  refuse the application for certification trade mark where : 
a) the application does not satisfy the requirements of in paragraph 1 or Section 40a;  
b) the regulations governing use are contrary to public poli cy or to accepted principles of 
morality;  or 
c) the public is liable to be misled as regards the character or the significance of the 
certification trade mark, in particular, if it is likely to be taken to be something other than a 
certification mark;  
 
(4) An application shall not be refused if the applicant, as a result of amendment of the 
regulations governing use, meets the requirements of paragraph 3 . 
 
(5) Observations regarding the application for a certification trade mark may be based, in 
addition to the grounds pursuant to Section 24, on the grounds  in paragraph 3.  
 
(6) Where  the application for a certification trade mark meets the requirements for  the 
registration, the Office  shall register the certification trade mark and  the applicant shall become 
the proprietor of the certification trade mark.  
 
(7) The Office shall mention  the regulations governing use in the Register.  
 
Section 40c  
Amendment of the regulations governing use of  a certification trade mark 
 
(1) The proprietor of a certification trademark shall submit to the Office any amended 
regulations governing use.  
 
(2) Amendments shall be mentioned in the Register if the amended regulations satisfy  the 
require ments of Section 40b (1) and do not involve any of the grounds for refusal referred to  in 
Section 40b (3). Amendments to the regulations governing use shall take effect from the date of 
entry of the mention of th ose amendment s in the Register.  
 
Section 40d  
Revocation of a certification trade mark and declaration of  invalidity  
 
(1) In addition to the grounds  referred to in Section 31, the Office shall revoke a certification 
trade mark on the basis of an application to the Office, if:  
a) the proprietor of the certification trade mark does not meet the conditions specified  in 
Section 40a (2);  
b) the proprietor of the certification trade mark does not take reasonable steps to prevent the 
certification trade mark from being used in a manner incompatible with the conditions of 
use laid down in the regulations governing use;  
c) an amendment to the regulations governing use has been mentioned in t he Register in 
breach of  Section 40b (1) or (3), unless the proprietor of the certification trade mark, by 
further amending the regulations governing use, complies with the requirements of this 
Section ; or 25  d) the manner in which the certification trade mar k has been used by the authorized persons 
has caused it to become liable to mislead the public in the manner referred to in  Section 40b 
(3) c) . 
(2) The declaration of invalidity of a certification trade mark s hall be subject to Section 32 ; the 
compliance w ith Section 4b) shall be considered with regard to Section 40a (1). The Office 
shall declare a certification t rade mark registered in breach of  Section 40b (3) invalid on the 
basis of an application to the Office, unless the proprietor of the certification trade mark, by 
further amending the regulations governing use, complies with the requirements referred to in  
Section 40b (3).  
 
CHAPTER X  
GENE RAL  PROVISIONS 
ON THE PROCEDURE BEFORE THE OFFICE 
 
Section 41  
Submissions  
 
(1) Any submission, except for an application for registration, shall contain the number of the 
application file or the number of registration  of the trade mark to which the submission relates.  
 
(2) Pursuant to this Act, a party to the proceedings shall by ide ntified by its identity data. 
Natural person is identified by its first name( s), surname, possibly corporate name, domicile or 
foreign residency address, nationality, and, possibly, delivery address. Legal person is 
identified by its company name, company residence, and, possibly, delivery address. These 
parties may also be identified on the basis of other data provided by them and allowing the 
Office to use data from the information systems of public administration maintained pursuant to 
other laws21). 
 
(3) Any submission to the Office shall be filed in the Czech language. It may be submitted in 
paper or electronic form.  
 
Section 42 
Appeal 
 
(1) An appeal may be lodged against a decision of the Office within 1 month from delivery of 
the decision. The appeal shall  have suspensive  effect. Time limit for lodging an appeal is not 
to be extended and default of time limit is not to be waived.  
 
(2) The statement of grounds  of the appeal has to be submitted to  the Office within 1 month 
after the lodging appeal. Time limit for submitting  the statement of grounds is not to be 
extended and default of time limit is not to be waived.  
 
Section 43 
Waiver of the default 
of time  
 
(1) Upon request of the party, who is to prove that the default of time limit set by the statute or 
by the Office was through no fault of his own, the default of time limit will be waived by the 
Office, unless otherwise provided by this Act.  
 
(2) The request pursuant to par. 1 is to be submitted within 2 months after the impediment 
which prevented the party to perform the act ceased to exist, but not later than 12 months after 
the day when the relevant act was supposed to be performed. The party is obl igated to state the 26  grounds for not performing the omitted act and to complete the omitted act. The time limit for 
submitting the request is not to be extended and default of time limit is not to be waived.  
 
Section 44 
Register and official journal 
 
(1) The O ffice keeps a register which contains crucial particul ars of trade marks applications 
a n d  crucial p articul ars of registered trade marks as d e f i n e d  by this Act or set by the 
Office.  
 
(2) The Register is a public list  open for public inspe ction and anyone  can make  copies  of, and 
extracts from it. Upon  request,  the Office shall issue an officially certified complete extract or a 
partial extract from the Register or a copy of the re gistration or a certificate of a particul ar 
regis tration or a certificate that particul ar info rmation  does not exist in the Register. The 
certification affirms the conformity of the extract or the copy with the entry in the Register.  
 
(3) Upon  receipt, the Office shall  without  undue  delay enter in the Register an amendment of  
the p articul ars of the application for registration or the re gistered trade mark ensuing from a f inal 
decision of  the respective authori ty. The Office shall correct the errors found in the Register 
without undue delay and shall inform the respective party of the corrections made.  
 
(4) The Register is maintained in electronic  form and the O ffice publishes  information 
contain ed in the Register on its website . 
 
(5) The note of disputability pursuant  to the Civil Code15) may only relate to an entry in the 
Register which designates treatment of the trade mark as the subject-matter of ownership. 
 
(6) The Register shall contain the following entries : 
a) number of the application file;  
b) registration number of a trade mark;  
c) date of filing an application;  
d) date of the right of priority;  
e) date of publication of an application in the Official Journal;  
f) date of registration  of a trade mark in the Register, from which the 5 years period pursuant to 
Section 13 (1) shall commence ; 
g) wording, graphical or other  representation  of a trade mark; if the trade mark contains 
characters  using script other than Latin and the applicant has mentioned these characters  in 
the application, the transliteration  of such script into the Latin  script;  
h) information o n whether a trade mark is comprised exclusively  of a single colour  or a 
combination of colours , including the name or number of the colour  according to the 
generally recognized colour  code;  
i) classes of the figurative elements  of a trade mark22); 
j) information identifying  the applicant or the  proprietor of a trade mark;  
k) type of a trade mark;  
l) goods or services for which a trade mark is registered, presented  in the order of  the 
international classification classes9), including  the relevant class number;  
m) limit ation of  scope of protection;  
n) transfers or assignments of a trade mark or app lication, including information identifying the 
transferee;  
o) other rights to a trade mark  or application and information identifying the beneficiary ; 
p) licenses for a trade mark  or application and informati on identifying the licensee;  
q) dates  of renewals  of a trade mark;  
r) information identifying the members or the shareholders of a legal entity authorized to use a 27  collective trade mark;  
s) specification of persons authorized to use a certification trade mark , and regulations 
governing use of a certi fication trade mark and their amendments ; 
t) information identifying  a representative of an applicant or a proprietor of a trade mark;  
u) revocation of a trade mark, declaration of invalidity of  a trade mark, or another form of trade 
mark termination , including the surrender of trademark rights;  
v) other crucial  details set by the Office  
 
(7) The Office issues  the Official Journal in which it publishes  particularly  trade mark 
applications or registered trade marks and any further info rmation  concerning the trade ma rks, 
or notices and general information issued by the O ffice, as well as official communi cation and 
important decisions. 
 
Section 45 
 
(1) Unless otherwise provided  in th is Act, the Admin istrative Procedure Code  shall  be 
applicable to the  proceedings on trade marks, except for the  provisions pertaining to the 
certification  of powers of  attorney granted for an indefinite  number  of proceedings11), the 
certification  of official stamps  and signatures in public documents  issued by foreign state 
bodies11a), the  suspension  of  proceedings11b), the  time limits  for d ecision makin g11c), the 
protection  against ina ctivity11d), and, furthermore, the  provisions on the particul arities  of the 
appellate proceedings, the p rovisions on composi tion of the Ap pellate Committee and on 
possible termination of the appellate proceedings11e) and the p rovisions on prohibition of a 
change of the contes ted decision on the g rounds of   loss of the  option  to file an appeal11f). 
 
(2) In proceedings initiated on the basis of an application, the Office shall make decisions in 
the extent of the parties’ submissions  and based on the proof  submitted by the parties.  
 
(3) Legal action under other  laws12) may be brought against a final decision of the Office.  
 
Section 45a  
Use of data in information systems of public administration  
 
(1) In exercising the competence pursuant to this Act, the Office shall use the following data 
from the basic population  register:  
a) surname;  
b) name(s);  
c) address;  
d) date, place and district of birth; date, place and country of birth in a data subject born 
abroad;  
e) date, place and district of death; date of death and place and country where the death 
occurred in the event of a data subject’s death outside the Czech Republic; where a 
court decision declaring a person dead  is handed down, date stated in the decision as  the 
date of death, or, possibly, as the date which the data subject declared dead has not 
survived, and date of legal force of that decision;  
f) nationality/nationalities  
 
(2) In exercising the competence pursuant to this Act, the Office shall use the fol lowing 
data from the information system of the population register:  
a) name(s), surname, and maiden name;  
b) permanent address or, possibly, address to which written documents pursuant to another 
law shall be delivered;  
c) date of birth;  28  d) place and distr ict of birth; place and country of birth in a foreign national;  
e) date, place and district of death; in the event of death outside the Czech Republic, date 
of death and place and country where the death occurred;  
f) date stated in the court decision on th e declaration of death as date of death, or, 
possibly, as date  which a national declared dead has not survived, and date of legal 
force of that decision;  
g) nationality/nationalities  
 
(3) In exer cising the competence pursuant to this Act, the Office shall use the following 
data from the information system of foreign nationals:  
a) name(s), surname, and maiden name;  
b) type and address of residence in the Czech Republic or, possibly, address to which 
written documents pursuant to another law shall be delivered;  
c) date of birth;  
d) place and country of a foreign national’s birth; place and district of birth if the foreig n 
national was born in the Czech Republic;  
e) nationality/nationalities;  
f) date, place and district of death; in the event of death outside the Czech Republic, state 
where the death occurred and, possibly, date of death;  
g) date stated in the court decisi on on the declaration of death as date of death, or, 
possibly, date which a foreign national declared dead has not survived, and date of legal 
force of that decision  
 
(4) From the data pursuant to paragraphs 1 to 3, only such data may always be used in a 
particular case which is necessary to fulfil a given task. Data recorded as referential  data in 
the basic population register shall be used from the information system of the population 
register or the information system of foreign nationals only if it is i n form preceding the 
current state of affairs.  
 
CHAPTER XI 
INTERNATIONAL MATTERS 
 
Section 46 
 
(1) Persons  who have a real commercial or industrial establishment , permanent residen cy or 
seat in a state which is party to the Paris Conv ention3) or a state which is memb er of the World 
Trade Organization17), or persons  who are nationals of that state have the same rights as 
persons  who are Czech nationals  or who have their real commercial or industrial establishment , 
permanent residen cy or seat in the C zech Republi c; where the p erson is a n ational of a  state 
which is not  a Conv ention country of the Paris Conv ention3) or a memb er of the World Tr ade 
Organization17) or where the p erson has a real commercial or industrial establishment , 
permanent residen cy or seat in such a state, the rights pursu ant to this Act may be granted on ly 
on condition of r eciprocity. 
 
(2) A p erson who does not have a real commercial or industrial establishment , permanent 
residency or seat in the territory of the Czech Republic shall be  represented in proceedings on 
trade marks pursuant to other laws13). 
 
(3) The provision of paragraph 2 shall  not apply to natural persons  who are nationals of a 
memb er state of the European Union  or of a state party to the Agreement on the European 
Econom ic 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 busin ess activities in the territory of a member  state of the European Union  or of a state 29  party to the Agreement  on the European Econom ic Area, and who are domiciled in the territory 
of the Czech Republic or render services in the territory of the Czech Republic. These persons 
shall  appoint  an address for service in the Czech Republic for proceedings before the Office, to 
which official documents concerning  applications for registration or registered trade marks 
will be delivered. 
 
Application for the international 
registration 
 
Section 47 
 
(1) Persons  who have their real commercial or industrial establishment , permanent residency 
or seat in the Czech Republic or who are Czech nationals may file  an application for 
international registration of a trade mark pur suant to the Madrid Agreement or the Protocol 
Relating to the Madrid Agreement  or file an application for registration of changes  concerning 
the inte rnational registration through the intermediary of the Office. 
 
(2) The applicant  for registration of a trade ma rk with application for international registration 
shall  pay the fees pursuant to the Madrid Agreement or the Protocol Relating to the Madrid 
Agreement for acts done  pursuant to paragraph 1; the O ffice shall publish the amount  of the 
fees as prescribed by the international  agreement  in the O fficial Journal. 
 
Section 48 
 
(1) An international registration of a trade mark designating  the Czech Republic shall have the 
same effect  as an  application for registration of a national trade mark.  
 
(2) The time limit  for filing opposition against the international registration of a  trade mark  
designating  the Czech Republic shall begin on the first day of the month following the month in 
which the trade mark was published in the WIPO Gazette of International Trade Marks 14). 
 
(3) The international registration of a trade mark which is granted protection in the Czech 
Republic shall have the same effect as the registration of a  national trade mark.  
 
Section 48a  
 
Requirements of an application for the international  registration of a trade mark 
 
(1) If a trade mark is registered in the Register, the application for international registration of 
a trade mark shall contain:  
a) registration number of the trade mark;  
b) wording or graphical representation of the trade mark identical to those mentioned  in the 
Register; if the trade mark is applied for in characters other than Latin  or contains numerals 
other than Arabic or Roman, it shall be transliterated into the Latin  script, which shall follow 
the phonetics of the French or E nglish language , and a transliteration into Arabic numerals;  
c) information identifying the applicant , which shall  be identical to the information identifying 
the proprietor  in the Register, or, possibly, information identifying a representative ; 
d) list of goods or services, whi ch shall not be broader than the list of goods or services for 
which the trade mark is registered , with a precise translation into French or English, grouped  
according to the classes of the international classification9), each group being preceded by the 
number of the class ;  
e) a list of contracting parties to the Madrid Agreement or the Protocol Relating to the Madrid 
Agreement in which protection is sought ; 30  f) method of payment of the fees for international registration pursuant to the Madrid 
Agreement or the Protocol Relating to the Madrid Agreement, information identifying the 
payer , and, possibly, number of the acknowledgement of receipt of payment issued by the 
International Bureau of the World Intellectual Property O rganization14); 
g) a list of colo urs in French or English if the trade mark is  in colour ; information of whethe r 
the trade mark consists only  of a colo ur or a combination of colo urs (if applicable);  
h) other requirements  pursuant to t he Madrid Agreement or the Protocol Relating to the Madrid 
Agreement  
 
(2) If a trade mark is not yet registered , the application for international registration of a  trade 
mark shall contain information on the application , the date of filing of the application with the 
Office, and the information pursuant to paragraph 1 b) to h).  
 
(3) The applicant shall accompany the application for international registration  of a trade mark 
in paper form with the graphical representation of the trade mark of at least 15 x 15 mm and at 
the most 80 x 80 mm, capable of clearly reproducing the trade mark with regard to all details 
with all features and, possibly, colo urs. The Office shall publish the technical requirem ents for 
the graphical representation of a trade mark in electronic form on its website. The sign applied 
for, including colo urs, shall be  identical to the sign in the application or to the registered trade 
mark.  
 
Section 48b  
 
Requirements of a request for record ing of changes in the international registration in 
the international register of trade  marks  
 
The request  shall contain:  
a) number of the international registration of a trade mark;  
b) file number of the international registration of a  trade mark, if assigned;  
c) information identifying  the proprietor of an international trade mark;  
d) information of the requested change ; 
e) method of payment of the fees for  the change  requested  pursuant to the Madrid Agreement 
or the Protocol Relating to the Madrid Agreement, information identifying the payer, and, 
possibly, number of the acknowledgement of receipt of payment issued by the 
International Bureau;  
f) other requirements pursuant to the Madrid Agreement or the Protocol Relating to the 
Madrid Agreement . 
 
Section 49  
(deleted)  
 
CHAPTER XII 
 
 
TRADE  MARK PURSUANT TO THE LAW OF THE  EUROPEAN  UNION ON THE  
EUROPEAN UNION TRADE MARK  
 
Section 50 
Conve rsion into the  national trade mark application 
 
(1) The Office shall examine  the request for  the national pro ceeding on conversion of  the 
European Union trade mark application or European Union trade mark  to the application for a 
national trade mark pursuant to Article 139 of the European Parliament and Council 31  Regulation , if the  applicant, within 2 months following  the delivery of the Office 
communication: 
a) pays the administrative fee;  
b) submi ts a translation of  the request  and its attachments into the Czech language;   
c) indicates an address for  service in the Czech Rep ublic; 
d) submits the w ording, the graphical or other representation  of the trade  mark.  
 
(2) The Office shall  register, without  any further requirements , the trade mark resulting from 
the conversion of an already registered European Union trade mark with the date of priority 
which was accorded to the European Union trade mark; the Office shall publish information on 
the registration in the Official Journal. 
 
Section 51  
 
(1) The proprietor  of the national trade mark the application of which was filed in good faith 
prior to, or which has a right of p riority dated before,  the accession to the European Union, shall 
have  the right to  prohibit the use of the European Union  trade mark the effects of which have 
been extended to the te rritory of the Czech Republic based on the accession of the Czech 
Republic to the European Union, if  
a) the European Union trade mark is identic al to the  national trade mark and the goods  or 
services for which both trade marks  are registered are identical; or 
b) because of the national trade mark  identity with, or similarity to the European Union trade 
mark and the identity or similarity of the goods or services covered by the trade marks, there 
exists a likelihood of confusion on the part of the public, including the likelihood of 
association with the national t rade mark; or  
c) the European Union trade mark  is identical with, or similar to the  national trade mark irrespective 
of whether  the European Union trade mark is registere d for identical, similar or not similar goods 
or services for which the national trad e mark is registered or protected , if the national trade mark 
has a reputation  in the Czech Republic and the use of the European Union tr ade mark without due 
cause would take unfair advantage of, or be detrimental to, the distinctive character or the repute 
of the national trade mark.  
 
(2) The proprietor of  the national trade mark mentioned  in paragraph 1 may claim compensation  
where damage has been sustained  as a result of the  use of the European Union  trade mark in the 
territory of the  Czech Republic within the scope as provided  by Act No. 221/2006  Coll., on 
enforcement of industrial  property rights and on the amendm ent to industrial  property 
protection Acts (Industr ial Property Rights Enforcement Act). 
 
CHAPTER XIII 
 
OFFENCES  
 
Section 51a  
(1) A natural person, natural person -entrepreneur or legal entity shall be considered as having 
committed  an offence  if he uses a trade mark without authorization  
 
(2) A sanction  of up to CZK 250,000 or prohibition of activity may be imposed for the offence  
pursuant to paragraph 1. 
 
(3) The publication of the decision o f offence  may also be imposed for the offence  pursuant to 
paragraph 1  if committed by a legal entity or a natural person -entrepreneur.  
 32  (4) The offence  pursuant to paragraph 1 shall be heard by the municipal authority with extended 
competences.  
 
(5) The offence  pursuant to paragraph 1 cannot be dealt with through an on -site order.  
 
CHAPTER XIV  
 
TRANSITIONAL AND EMPOWERING PROVISIONS, REPEALS 
 
Section 52  
Transitional provisions 
 
(1) Trade marks registered under earlier laws shall remain valid. Where an application  for a 
declaration of invalid ity of a trade mark is filed claiming 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 ma rk in the register. However, the  trade mark shall  not 
be declared invalid if its r egistration is in compl iance with this A ct. 
 
(2) This Act shall apply to  the proceedings on applications for registration which have not 
been completed by the effective date  of this Act. The effects of procedural acts done in these  
proceedings shall remain unchanged and shall be examined accordingly under this Act. Where 
an application filed prior to the effective date  of this Act has deficiencies which hinder the 
examination of the application, the Office shall  invite the applicant to correct  such deficiencies 
and shall set an adequate  time limit  for this purpos e. 
 
(3) Where the  application was published prior to the effective date  of this Act but the time-limit 
for filing the  opposit ion as set in Section 25 of this Act has not expired prior to the effective 
date of this Act, it shall be  possible to file an opposit ion against the registration also under 
Section 7 of th is Act within the p rescribed time-limit, however at the lat est within 1 month 
following the  effective date  of this Act. Prior to  the registration of the trade mark, the Office 
shall  also examine the fulfilment  of the conditions of registrability under Section 1, 2, 5 and 6 
of this Act. 
 
(4) Where an application for removal  from the Register has been filed prior to the effective date 
of this Act pursuant to  Section 25 of the previous Act , it shall be examined as an application for 
revocation of a trade mark or for a declaration of invalidity of a tr ade mark under the fulfilment 
of the conditions of this Act and with effects as laid down in th is Act. 
 
(5) Where the proce edings  for revocation  of a trade mark und er Section 25 p aragraphs 2 and 3 
of the previous Act  has not been completed prior to the effective date  of this Act, the applicant 
for removal from the Register shall be obliged to prove to the Office use of the  earlier trade mark  
within the m eaning of Se ction 13 of  this Act. 
 
(6) The application for removal  of a trade ma rk from the R egister under Section 26 of the 
previous Act  may be filed with in 1 year from the effective date  of this Act. 
 
(7) Where a collective trade mark was registered under previous  laws and the present proprietors 
did not form a special legal entity,  they can do so within 1 year from the effective date of this 
Act. After the fruitless  expiry of this time-limit, the relations  among  the p resent proprietors  of 
the collective trade mark shall  be governed by the general laws on co-ownership.  
 
(8) The relations  resulting  from trade marks registered prior to the effective date  of this Act shall 33  be governed by this Act. However, the establishment of these relationships  as well as the  claims  
resulting  from them  shall  be consid ered under the laws valid at the time of their 
establishment . 
 
(9) The declaration of a trade mark famous  under Section 18 of Act No. 174/1988  Coll., on 
Trade Marks, shall  remain  valid for the time period laid down  in Section 42 (3) of Act No. 
137/1995 Coll., on Tr ade Marks. 
 
Section 53 
(deleted)  
 
Section 54 
Repeals 
 
The following Acts shall  hereby be repealed: 
1. Act No. 137/1995 Coll., on Trade Marks, as amended  
2. Decree No. 213/1995 C oll., implementi ng the Act on Trade Marks. 
 
 
PART II 
 
Amendment to the  Act on courts and 
judges 
 
Section 55 
 
The current wording of Section 39 of Act No. 6/2002  Coll., on Court s, Judges, Lay Judges and 
the State Court  Admin istration and on the Am endments  to Certain  Other Acts (Act on Courts  
and Judges), shall  be marked as paragraph 1 and paragraph 2 shall  be added, reading as 
follows:  
“(2) In the Czech Republic, the  Municipal  Court in Prague decides as the court of first instance 
for Community trade marks pursuant to  Article 92 of the EC Coun cil Regulation  No. 40/1994  
of 20 December 1993 on the Community Trade Mark.” 
 
 
PART  III  
ENT RY INTO 
FORCE 
 
Section 56 
 
This Act shall  come into force on 1 April 2004,  except for the provisions of Part I Section 2 
c), Section 3 a) point  3 and Section 3 b), Section 7 (1) e), Section 11 (2), Section 46 (3),, 
Section XII and Part II, whi ch shall  come into force on the day of the entry of the treaty on 
accession of the Czech Republic to the European Union in to force. 
 
  34 
 Annex No. 1 to Act No. 441/2003 Coll.  
 
Types of trade marks and means of their representation  
 
1. A word mark consisting exclusively of words or letters in the Roman script, Arabic or 
Roman numerals, other standard typographic characters, or a combination thereof, shall be 
represented by submitting a reproduction of the sign in standard script and layo ut, without 
any graphic elements or colours.  
 
2. A figurative trade mark consisting of non -standard characters, stylisation or layout, or a 
graphic feature or a colour, including trade marks consisting exclusively of figurative 
elements  or of a combinatio n of verbal and figurative  elements, shall be represented by 
submitting a reproduction of the sign the registration of which is applied for, showing  all 
its elements  and where applicable, its colours.  
 
3. A three -dimensional (shape) trade mark, consisti ng of, or extending to, a three -dimensional 
shape including containers, packaging, the product itself or their appearance, the mark 
shall be represented by submitting either a graphic reproduction of the shape, including 
computer -generated imaging, or a ph otographic reproduction. The graphic or photographic 
reproduction may contain different views.  
 
4. A position trade mark consisting of a specific way in which the mark is placed or affixed to 
the goods, shall be represented by submitting a reproduction appropriately identifying the 
position of the trade mark and its size or proportions with respect to t he relevant goods. 
The elements which do not form part of the subject matter of the registration shall be 
visually disclaimed preferably by broken or dotted lines. The representation may be 
accompanied by a description detailing how the sign is affixed to the goods.  
 
5. A trade mark representing a pattern consisting exclusively of a set of elements which are 
repeated regularly, shall be represented by submitting a reproduction showing the pattern 
of repetition. The presentation may be accompanied by a descr iption detailing   how its 
elements are regularly repeated.  
 
6. A colour trade mark consisting exclusively of a single colour without contours or 
exclusively of a colour combination without contours, shall be represented by submitting:  
a) a reproduction of  the colour and an identification of that colour by reference to a 
generally recognized colour code; or  
b) a reproduction that shows the systematic arrangement of the colour combination in a 
uniform and predetermined manner and an indication of those colou rs by reference to a 
generally recognized colour  code; a description detailing the systematic arrangement of 
the colours may also be added.  
 
7. A sound mark consisting exclusively of a sound or a combination of sounds, shall be 
represented by submitting an  audio file reproducing the sound or by an accurate 
representation of the sound in musical notation.  
 
8. A motion mark consisting of, or extending to, a movement or a change in the position of 
the elements of the mark, shall be represented by submitting a  video file or by a series of 
sequential still images showing the movement or change of position. Where still images 
are used, they may be numbered or accompanied by a description explaining the sequence.  
 
9. A multimedia mark consisting of, or extending t o, the combination of image and sound, 
shall be represented by submitting an audio -visual  file containing the combination of the 35 
 image and the sound.  
 
10. A holographic mark consisting of elements with holographic characteristic, shall be 
represented by su bmitting a video file or a graphic or photographic reproduction containing 
the views which are necessary to sufficiently identify the holographic effect in its entirety.  
 
11. Any other type of trade mark not covered by any mentioned types of trade marks sh all be 
represented in any appropriate form utilizing generally available technology if such a form 
can be clearly, precisely, separately, easily, comprehensibly, durably and objectively 
represented in the Register for the competent authorities and the publ ic to be able to clearly 
and precisely determine the subject of protection granted to the trade mark proprietor. The 
representation may be accompanied by a description.  
 
  36 
 Annex No. 2 to Act No. 441/2003 Coll.  
 
Requirements  of the regulations governing use of a certification trade mark 
 
Regulations governing use of a certification trade marks shall contain:  
a) information identifying the applicant;  
b) declaration that the applicant complies with the requirements laid down in Section 40a (2);  
c) wording, graphical or other representation of a certification trade mark;  
d) goods or services covered by the certification trade mark;  
e) characteristics of the  goods or services to be certified by the certification trade mark, such as 
material, mode  of manufactur e of goods or performance of services, quality, or accuracy;  
f) conditions of use of the certification trade mark, including sanctions;  
g) persons autho rized to use a certification trade mark; and  
h) methods of testing the characteristics of goods or services and supervising the use of a 
certification trade mark.  
 
Selected amendment provisions  
 
Article II of Act No. 286/2018 Coll.  
 
Transitional provisions  
 
1. Proceedings on an application for registration initiated pursuant to Act No. 441/2003 Coll., 
as amended prior to the effective date of this Act and not  yet finally completed by that date 
shall be subject to the provisions of Act No. 441/2003 Coll., as amended on the effective date 
of this Act.  
 
2. If the application filed prior to the effective date of this Act has defects preventing the due 
examination of the application pursuant to Act No. 441/2003 Coll., as amended on the 
effective date of this Act, the Office shall call on the applicant to elimi nate them, setting an 
appropriate time limit  for doing so.  
 
3. If an opposition to the entry of a trade mark in the Register has been submitted prior to the 
effective date of this Act, it shall be reviewed pursuant to Act No. 441/2003 Coll., as 
amended on  the effective date of this Act  
 
4. If the proceedings on registration of a trade mark have been initiated pursuant to Act No. 
441/2003 Coll., as amended prior to the effective date of this Act, and the ground  for refusal 
of the applicati on for registratio n has been an opposition as referred to  in Section 7 (1) k) of 
Act No. 441/2003 Coll., as amended prior to the effective date of t his Act, the Office shall 
disregard  the opposition and shall discontinue the proceedings on it.  
 
5. The right to file an appli cation for furnishing of proof of the genuine use  of an earlie r trade 
mark shall be conferred on : 
a) applicant pursuant to Section 26a of Act No. 441/2003 Coll., as amended on the effective 
date of this Act, in the proceedings on an opposition filed from  the effective date of this 
Act; 
b) proprietor of a later trade mark pursuant to Section 32c of Act No. 441/2003 Coll., as 
amended on the effective date of  this Act, in the proceedings for a  declaration of 
invalidity initiated from  the effective date of this  Act; 
c) defendant pursuant to Section 10a of Act No. 441/2003 Coll., as amended on the effective 
date of this Act, in the legal proceedings for  infringement of trademark rights initiated as 
of the effective date of this Act  37 
  
6. An application for renewal of the  registration of a trade mark pursuant to Section 29a (1) of 
Act No. 441/2003 Coll., as amended on the  effective date of this Act, may  be filed if the 
action against a decision of the Office’s Chairman has been brought  from  the effective date 
of this Act.  
 
7. Proceedings on the application for revocation of a trade mark or declaration of its invalidity 
initiated pursuant to  Act No. 441/2003 Coll., as amended prior to the effective date of this 
Act, and not yet finally comple ted by that date shall be subject to the provisions of Act No. 
441/2003 Coll., as amended as of the effective date of this Act. However, the provisions of 
Section 31a (5), Section 32b (3), and Section 32c of Act No. 441/2003 Coll., as amended as 
of the eff ective date of this Act, shall not apply. The consequences of non -use of an earlier 
trade mark shall be considered pursuant to Act No. 441/2003 Coll., as amended on the date 
of filing of the application.  
 
8. If the application for a declaration of invalidi ty of a trade mark is filed as a consequence of 
the trade mark being registered in breach of the laws , the fulfilment of the conditions of entry 
of marks in the Register of trade marks shall be considered pursuant to Act N o. 441/2003 
Coll., as amended at  the time of entry of the trade mark in the Register.  
 
9. The effects of the procedural acts undertaken in all proceedings not completed on the 
effective date of this Act shall remain preserved and shall be appropriately examined  
pursuant to Act No. 441/2003 Coll., as amended as of the effective date of this Act.  
 
10. The proprietor of a collective trade mark registered prior to the effective date of this Act, 
whose application did not meet the elements in Section 36 (2) of Act No. 441/2003 Coll., as 
amended prior to th e effective date of this Act, at  the time of filing , shall be obliged to 
submit regulations governing use of the collective trademark within twelve  months from the 
effective d ate of this Act. Upon the fruitless expiry  of this time limit , the collective trade 
mark shall be considered as an individual trade mark co -owned by the members, 
shareholders or participants stated in the Register as the persons authorized to use the 
collective trade mark.  
 
 
_______________________  
1) Madrid Agreement Concerning the International Registration of Marks of 14 April  1891, 
revised in Brussels on 14 December 1900, in Washington on 2 June 1911, in Haag 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 number 65/1975 Coll., as amended by Decree No. 78 /1985 Coll., 
and the Protocol Relating to the Madrid Agreement Concerning the International Registration of 
Trademarks arranged in Madrid on 27 June 1989, published under number 248/1996 Coll.  
 
2) Regulation of the European Parliament and of the Council (EU) 2017/1001 of 14 June 2017 
on the European Union Trademark  
 
3) Paris Convention for the Protection of Industrial Property of 20 March 1883, revised in 
Brussels on 14 December 1900, in Washington on 2 June 1911, in Haag on 6 November 1925, 
in London on 2 June 1934, in Lisbon on 31 October 1958, and in Stockholm on 14 July 1967, 
published under number 64/1975 Coll., as amended by Decree No. 81/1985 Coll.  
 
4) Annex 1C to the Agreement Establishing th e World Trade Organization (WTO), published 
under number 191/1995 Coll.  
 38 
 6) For instance, Section 2980 of the Civil Code, Act No. 40/1995 Coll., on the regulation of 
advertising and on the amendment to Act No. 468/1991 Coll., on the operation of radio and 
television broadcasting, as amended, as amended  
 
6a) Act No. 182/2006 Coll., on bankruptcy and the methods of its resolution (Insolvency Act), 
as amended  
 
7) Regulation of the European Parliament and of the Council (EU) No. 608/2013 of 12 June 
2013 concerning customs enforcement of intellectual property rights and repealing Regulation 
of the Council (EC) No. 1383/2003  
 
8) For instance, Act No. 221/2006 Coll. , on the enforcement of industrial property rights and on 
the amendments to industrial property protection Acts (Industrial Property Rights Enforcement 
Act), as amended  
 
9) Nice Agreement Concerning the International Classification of Goods and Services fo r the 
Purposes of the Registration of Marks  of 15 June 1957, revised in Stockholm on 14 July 1967 
and in Geneva on 13 May 1977, published under number 118/1979 Coll., as amended by Decree 
No. 77/1985 Coll.  
 
10) For instance, Section 1670 et seq. of the Civ il Code  
 
11) Section 33 (2) c) of the Administrative Procedure Code  
 
11a) Section 53 (4) of the Administrative Procedure Code  
 
11b) Sections 64 and 65 of the Administrative Procedure Code  
 
11c) Section 71 (1) and (3) of the Administrative Procedure Code  
 
11d) Section 80 of the Administrative Procedure Code  
 
11e) Section 152 (3) and (5) of the Administrative Procedure Code  
 
11f) Section 90 (1) c) of the Administrative Procedure Code  
 
12) Act No. 150/2002 Coll., the Administrative Procedure Code, as amended b y Act No. 
192/2003 Coll.  
 
13) Act No. 85/1996 Coll., on the Bar, as amended  
 
14) Convention Establishing the World I ntellectual Property Organization, signed in Stockholm 
on 14 July 1967, published under number 69/1975 Coll., as amended by Decree No. 80/1985 
Coll.  
 
15) Section 986 of the Civil Code  
 
16) Directive of the European Parliament and of the Council (EU) 2015/2 436 of 16 December 
2015 to approximate the laws of the Member States relating to trade marks (revised wording)  
 
17) Agreement Establishing the World Trade Organization (WTO), published under number 
191/1995 Coll.  
 39 
 18) Sections 2358 to 2370 of the Civil Code  
 
19) For instance, Section 1115 et seq. of the Civil Code, Section 32 of Act No. 90/2012 Coll., 
on companies and cooperatives (Companies Act), as amended  
 
20) Act No. 82/1998 Coll., on liability for damages cause d in the exercising of public power 
through a decision or an incorrect official procedure and on the amendment to Act of the Czech 
National Council No. 358/1992 Coll., on notaries and their activity (Notarial Procedure Code), 
as amended  
 
21) Act No. 111/20 09 Coll., on basic registers, as amended  
Act No. 133/2000 Coll., on the population register and personal identification numbers and on 
the amendments to certain Acts (Population Register Act), as amended  
Act No. 326/1999 Coll., on the stay of foreign natio nals in the Czech Republic and on the 
amendments to certain Acts, as amended  
 
22) Vienna Agreement Establishing an International Classification of the Figurative Elements 
of Marks concluded in Vienna on 12 June 1973 and amended on 1 October 1985  
 
*** 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 40 
  
 
 
Applicable wording of relevant parts of Act No. 221/2006 Coll., on the enforcement of 
industrial property rights  and on the protection of trade secret s, as amended, with the 
proposed changes marked  
 
PART ONE  
 
Enforcement of industrial property rights  
 
Section 1  
Subject of regulation  
 
This Act shall incorporate relevant laws of the European Union1) and shall regulate the remedies 
applicable in the enforcement of industrial property rights (“right (s)”) and the protection of 
trade secret s2). 
 
Section 2  
Entities entitled to enforce rights  
 
(1) The entitlement to enforce rights purs uant to this Act shall be conferred on  the proprietor or 
holder of a right pursuant to the applicable Industrial Property Protection Act, the person 
authorized to exercise rights pursuant to a special law2), in particular, a licensee, and a 
professional rights protection organization duly recognized in the country of origin as an 
organization authorized to represent proprietors or holders of industrial property rights 
(“authorized person”).  
 
(2) A licensee m ay enforce rights only with the c onsent of the proprietor or holder of the rights. 
No consent  shall be required if, within 1 month  from receiving the licensee’s notice of 
infringement or  jeopardy of th e rights, the proprietor or holder of the rights  himsel f has not 
initiated proceedings for infringement or jeopardy of the rights.  
 
Section 3  
Right to information  
 
(1) The author ized person may require from the third party:  
 
a) who has held rights -infringing goods for the purpose of obtaining direct or indirect economic 
or commercial benefit; or  
b) who has used rights -infringing services for the purpose of obtaining direct or indirect 
economic or commercial benefit; or  
c) who, fo r the purpose of obtaining direct or indirect economic or commercial benefit, has 
provided services used in r ights -infringing activities ; or 
d) who has been identified by the person in a), b) or c) as a person participating in the 
manufacture, processing, storage , or distribution of goods or the provision of services , 
 
information on the origin and distribution networks of the goods or the service s through which 
rights have been infringed.  
 
(2) If the information pursuant to paragraph 1 is not provided voluntarily within a reasonable 
time, the authorized person can seek its provision through a court petition for the initiation of 
right infringement  proceedings. The court shall dismiss the action if it was disproportionate to 
the jeopardy or the infringement of the right.  
 41 
 (3) The information shall contain:  
 
a) name and surname  or corporate or business name and permanent or registered address of the 
manufacturer, processor, stock operator, distributor, supplier, or another previous holder of 
rights -infringing goods or services;  
b) details of manufactured, processed, supplied, st ored, received, or ordered quantity of, and 
price received for, relevant goods or services  
 
(4) The provisions of paragraphs 1 and 2 shall be without prejudice to the provisions of special 
laws regulating, in particular:  
a) right to obtain information in  a broad er extent;  
b) use of information in civil or criminal legal proceedings;  
c) liability for misuse of the right to information;  
d) confidentiality obligation3); 
e) right to refuse the provision of information if the person referred to  in paragraph 1 has 
admitted his own participation or participation of his close persons in the infringement of a 
right;  
f) protection of confidentiality of information sources or proces sing of personal data4) 
 
Corrective measures  
 
Section 4  
 
(1) In the case  of an unauthorized intervention in his rights, the authorized person may seek that 
the court should order the infringer to refrain from actions infringing or jeopardizing the rights  
and to remove  the consequ ences of the infringement or  jeopardy, in particular, by:  
a) withdrawing from the market  the goods the manufacture, placing on the market or  storage of 
which has infringed or jeopardized the rights;  
b) removing  or destroying permanently  the goods the manuf acture, placing on the market or 
storage of which has infringed or jeopardized the rights;  
c) withdrawing or permanently removing  or destroying the material, tools and e quipment 
intended or used exclusively  or pred ominantly to carry on  rights -infringing or  -jeopardizing 
activities.  
 
(2) The court shall not order the destruction  as referred to above  if the infringement of a right 
could be removed in other manner  and the destruction was disproportionate to the infringement. 
If the corrective measures relate t o products, materials, tools, or equipment not owned by the 
right infringer, the court shall take into account the interests of third parties, in particular, 
consumers and persons acting in good faith.  The removal of signs or a counterfeit trade mark 
from products before the products are placed on the market shall be admissible in exceptional 
cases only5). 
 
(3) The authorized persons may also seek the remedies in paragraph 1 towards anyone whose 
means or services are used by third parties to infringe rights . 
 
(4) On the application of the infringer of a right, the court may order the infringer, in lieu of the 
measures referred to in paragraph 1, to provide the authorized person with financial settlement 
provided that the measures would affect the infringer unreasonably and the financial settlement 
with the authorized person would seem  sufficient.  
 
(5) In its judgment, the court may aw ard the authorized person whose application has been 
satisfied the  right to publish the judgment at the cost of the infringer who has not prevailed in 
the dispute and may also determine the scope, form and method of the publication depending on 42 
 the circums tances.  
 
Section 5  
 
(1) The authorized person shall be entitled to compensation for damages, the release of unjust 
enrichment  which the infringer has obtained as a consequence of infringement or jeopardy of 
rights, and an adequate satisfaction  provided that  non-property harm has been caused by the 
infringement of rights . The adequate satisfaction may also consist in financial performance.  
 
(2) Upon request, the court may set the value of compensation for damages, unjust enrichment 
obtained by the infringer as a consequence o f infringement or jeopardy of  rights, and an 
adequate satisfaction at a lump sum  of at least double the royalties usual ly paid to acquire a 
license for using the  rights at  the time of the unauthorized intervention in them.  
 
(3) Upon request, the cou rt may the set the value of compensation for damages,  unjust 
enrichment obtained by the infringer as a consequence of infringemen t or jeopardy of rights, 
and an  adequate satisfaction provided that, in pursuing the activities, the infringer did not know 
or could not have known that his action was infringing  rights. The compensation shall 
correspond to a lump sum of at least the royalties usually paid to acquire a  license for using the 
rights at  the time of the unauthorized intervention in them.  
 
(4) The court shall take into account all relevant circumstances, such as undesirable economic 
consequences, including lost profit, sustained  by the authorized person, the infringer’s 
illegitimate income, and, possibly, aspects other  than economic , such as moral harm the 
infringer  has caused to  the authorized person . 
 
Section 5a  
Infringement of trade secret  
 
(1) Where a trade secret has been infringed (Section 2985 of the Civil Code), only Section 4 (1), 
(4) and (5) shall apply accordingly.  
 
(2) The financial settlement pursuant to Section 4 (4 ) shall correspond to not less than the  
royalties usually paid to acquire a license for using the trade secret for the period of its 
infringement . 
 
(3) If the infringer knew or should have known that his action was infringing a trade secret, the 
court shall, at the aggrieved party’s request, set compensation for damages, unjust enrichment, 
and an adequate satisfaction at a lump sum corresponding at le ast to the royalties usually paid to 
acquire a license for using the trade secret for the period of its infringement.  
 
_______________________  
1) Directive of the European Parliament and of the Council 2004/48/EC of 29 April 2004 on the 
enforcement of int ellectual property rights  
 Directive of the European Parliament and of the Council (EU) 2016/943 of 8 June 2016 
on the protection of undisclosed know -how and business information (trade secrets) against 
their unlawful acquisition, use and disclosure  
2) Act No. 527/1990 Coll., on inventions and contraptions, as amended  
 Act No. 529/1991 Coll., on the protection of topography of semiconductor products, as 
amended  
 Act No. 478/1992 Coll., on utility models, as amended  
 Act No. 207/2000 Coll., in the protect ion of designs and on the amendment to Act No. 
527/1990 Coll., on inventions, designs, and contraptions, as amended  
 Act No. 452/2001 Coll., on the protection of the designation of origin and geographical 43 
 designations and on the amendment to the Consumer Protection Act, as amended  
 Act No. 441/2003 Coll., on trade  marks and on the amendment to Act No.  6/2002 Coll., 
on courts, judges, lay judges and state court administration and on the amendment to certain 
other Acts (Act on Courts and Judges), as amended,  (Trademark Act), as amended  
 Act No. 89/2012 Coll., the Civil Code, as amended  
 
***  
 
Applicable wording of relevant parts of Act No. 634/2004 Coll., on administrative fees, as 
amended, with the proposed changes marked  
 
 Applicable wording of PART XI of t he Annex to Act No. 634/2004 Coll., on 
administrative fees  
 
Notes to Part XI  
 
Pursuant to this part of the tariff, fees are collected only by the Industrial Property Office.  
 
Item 126  
 
Provision of a counterpart, copy, or an extract from the Register, files, official documents and 
records       
   CZK 100 for each  page , even commenced   
 
CZK 15 for each, even commenced, page 
if made using a copying machine or 
computer printer  
 
Note  
Each commenced page shall mean, for the purposes of this Act, an issued page in A4 format 
and smaller.  
 
Item 127  
 
a) Filing  of a request : 
- for first extension of a time limit            CZK   200 
- for any subsequent extension of a time limit          CZK   500 
- for surrender of the lapse of time             CZK 1000  
 
b) Filing of an appeal against a decision of the Industrial Property Office       CZK 1000  
 
c) Filing of a request : 
- for issuance of a certificate of the right of priority (priority document)       CZK   600 
- for registration of a transfer            CZK   600 
- for registration of a license            CZK   600 
- for regi stration of a security interest           CZK   600 
- for conversion of a European application73) CZK 600 for each state to which the 
application is sent  
 
Note  
In trademark -related proceedings, the fee for filing an appeal pursuant to paragraph b) of this 
item shall be due for reimbursement within the time for filing an appeal. If the fee is not 
reimbursed on the due date, the appeal shall be deemed  not to have been  filed and the provisions 44 
 pertaining to the reimbursement of an overdue fee and to the call for such reimbursement shall 
not apply.  
 
Inventions and Supplementary Protective Certificates  
 
Item 128  
 
a) Filing of an application for registration  of an invent ion        CZK 1200  
- if solely the originator(s) is/are the applicant(s)          CZK   600 
 
b) Filing of a request : 
- for a publication prior to a statutory time limit         CZK    800 
- for access to a  translation of requirements for a European patent application, 
including access to the corrections of translations                                 
CZK    500 
 
c) Filing of a request for complete examination of an invention registration application
                                      
CZK 3000  
- for the 11th and every other asserted patent claim         CZK   500 
 
d) Issuance of a patent certificate within the scope of:  
- 10 pages of typed text             CZK 1600  
- every other page              CZK   100 
 
e) Publication of a  translation of a European patent file                     CZK 2000  
- for the publication of corrections of the translation         CZK   100 
 
f) Submission of a  translation of a European patent file within an additional time   
     CZK 300 0 
 
g) Filing of a request for issuan ce of a supplementary protective  certificate  
     CZK 5000  
 
h) Filing of a request for paediatric  extension of the supplementary protective certificate
                                     CZK 5000  
 
Item 129  
 
a) Filing of a request for determination whether a technical solution constitutes a patent
                           
CZK 5000  
 
b) Filing of an application  for revocation of:  
- a patent upon the expiration of 6 months from legal force of the patent      CZK 2000  
- a European patent              CZK 2000  
- supplementary protective certificate           CZK 2000  
 
Item 130  
 
Industrial Property Office’s acts associated with filing an international application pursuant  to 
the Patent Cooperation Treaty                                   CZK 1500  
 45 
 Utility Models  
 
Item 131  
 
Filing of an application  for a utility model            CZK 1000  
- if solely the originator(s) is/are the applicant(s)          CZK   500 
Item 132  
 
Filing of a request  for determination whether a technical solution falls within the scope of a 
registered utility model              CZK 5000  
 
Item 133  
 
Filing of an application for deletion of a utility model from the Register        CZK 2000  
 
Item 134  
 
Filing of a request for any extension of validity of the registration of a utility model  
                CZK 6000  
 
Notes  
1. If a utility model is register ed upon the expiration of the period of its validity, the fee for 
extension shall be  due for reimbursement within 2 months from the registration date.  
 
2. If the fee is not reimbursed within the set time limit , it can be reimbursed withi n an 
additional time limit  of 6 months , increased by a factor of 2. 
 
Designs  
 
Item 135  
 
a) Filing of an application for a design                       CZK 1000  
- if solely  the originato r(s) is/are the applicant(s)                     CZK   500 
 
b) Filing of a collective application for a design                      CZK 1000  
- if solely the originator(s) is/are the applicant(s)          CZK   500 
- for every design contained in the application          CZK   600 
- for each design contained in the app lication if solely the originato r(s) is/are the 
applicant(s)              CZK   300 
 
Item 136  
 
Filing of an application for removal  from the Register of an application for removal  of a design 
from the Register                                                                                            CZK 2000  
- for any subsequent design contained in a collectively registered design       CZK   800 
 
Item 137  
 
Filing of a request for renewal of the period of protection of a design  
 
- by 5 years for the first time          CZK   3000  
- by 5 years for the second time          CZK   6000  
- by 5 years for the third time          CZK   9000  46 
 - by 5 years for the fourth time          CZK 12000  
 
Notes  
1. If a design is register ed upon the expiry  of the period of its validity, the fee for renewal 
of the  protection shall be  due for reimbursement within 2 months from the registration 
date.  
 
2. If the fee is not reimbursed within the set time limit , it can be reimbursed withi n an 
additional time limit  of 6 months, increased by a factor of 2. 
 
Trade Marks and Designation of Origin  
 
Item 138  
 
a) Filing of an application for registration:  
- of an individual trade mark in three classes of goods or services      CZK   5000  
- of a collective and certification trade mark in three classes of goods and services  
   CZK 10000  
- for any class of goods or services exceeding three classes      CZK     500 
 
b) Filing of a request for conversion of an application or a European Union trade mark in 
three classes of goods or services                       CZK 5000  
- for any class of goods or services exceeding three classes        CZK   500 
 
c) Filing of a request for a division of  an application  
- for every newly established application           CZK 5000  
 
d) Filing of a request  for a division of  a registered trade mar k 
- for every newly established trade mark           CZK 5000  
 
e) Filing  of an opposition to an entry of a published sign in the Register       CZK 1000  
 
Notes  
 
1. The fee for Filing of an application for registration of a trade mark pursuant to paragraph 
a) of this Item shall be  due for reimbursement within 1 month from delivery of the 
application.  
 
2. The fee for Filing of an application for co nversion of an application or European Union 
trade mark pursuant to paragraph b) of this Item shall be due for reimbursement within 2 
months from delivery of the notice  pursuant to the Act regulating trade marks.  
 
3. The fee for  Filing an opposition pursuan t to paragraph e) of this Item shall be due for 
reimbursement within the time limit  for filing opposition.  
 
4. If the fee pursuant to paragraph a) or c) of this Item is not reimbursed on the due date, 
the application or the opposition shall be deemed  not to have been  filed and the 
provisions  pertaining to the payment of an overdue fee and to the call for such payment 
shall not apply.  
 
5. If the fee pursuant to paragraph a) third bullet of this Item is reimbursed at an incorrect 
rate, the Industrial Propert y Office shall, upon the expiry  of the time limit  for 
reimbursing the fee for filing an application, call for payment of the undercharge for 47 
 filing the application within 5 days from the day following the delivery of the call. If the 
undercharge is not pai d within the additional  time limit , the application shall be deemed 
to have been filed within the scope of the classes of goods and services to which the paid 
sum relates. If it is not clear to which goods or services the paid sum relates, the 
application shall be deemed to have been filed within the scope of the classes of goods 
or ser vices stated in the application, in the order from the lowest one which the 
application includes. The provisions pertaining to the payment of an ov erdue fee shall 
not apply t o an undercharge.  
 
Item 139  
 
a) Filing of a request : 
- for renewal of the registration of an individual trade mark        CZK 2500  
- for renewal of the registration of a collective and certification trade mark     
                                                                                                                       CZK 5000  
- for renewal of the registration of an individual trad e mark filed upon the expiry  of 
the protective period, but at the latest within 6 months from that date         CZK 5000  
- for renewal of the registration of a collective and certification trad e mark filed upon 
the expiry  of the protective period, but at the latest within 6 months from that date
                        CZK 10000  
 
b) Filing of an application for revocation of a trade mark or for a declaration of its 
invalidity                          CZK 2000  
Notes  
 
1. The fee pursuant to paragraph a) of this Item shall be due for reimbursement within the 
time limit  for filing of a request  pursuant to the Act regulating trade marks. If the fee is 
not reimbursed on the due date, the Industrial Property Office shall, upon the expiration 
of the maturity pe riod, call for payment within fifteen  days from the day following the 
delivery of the call. If the fee is not reimbursed within the additional time limit , the 
request  for renewal of the registration of a trade mark shall be  deemed  not to have been  
filed and the provisions pertaining to the payment of an overdue fee shall not apply.  
 
2. The fee pursuant to paragraph b) of this Item shall be  due for reimbursement within 1 
month from  the delivery of an application. If the fee p ursuant to paragraph b) of this 
Item is not reimbursed on the due date, the application for revocation of a trade mark or 
a declaration of its invalidity shall be deemed not to have been filed and the provisions 
pertaining to the payment of an overdue fee and to the call for such payment shall not 
apply.  
 
3. If, through a final decision, the Industrial Property Office revokes a trade mark or 
declares it invalid and the court cancels the decision subsequently, the fee pursuant to 
paragraph a) of this Item sh all be due for reimbursement within 2 months from delivery 
of the judgment to the payer.  
 
4. If the Industrial Property Office does not register a trade mark within 118 months from 
delivery of an application, the fee for filing of a request for renewal of the registration of 
a trade mark pursuant to paragraph a) of this Item shall be  due for reimbursement within 
2 months from the date of registration of the trade mark.  
 
Item 140  
 
Filing  of: 48 
 - an application for registration of an internationa l trade mark        CZK 2500  
- a request for renewal of the registration of an international trade mark       CZK 3000  
- a request for territorial extension of the registration of an international trade mark                                                        
                                                                                                                       CZK   500 
 
Item 141  
 
a) Filing of an application for registration of the appellation  of origin/geographical 
appellation               CZK 4000  
b) Filing of an application for international registration of the appellation  of origin  
     CZK 2500  
c) Filing of an application for revocation of the registration of the appellation of 
origin/geographical appellation            CZK 2000  
d) Handover of an application for protection of the appellation  of origin/geographical 
appellation  to the European Commission           CZK   500 
 
Note  
 
The fees pursuant to Items 140 and 141 b) of this Tariff shall be collected for acts carried out 
pursuant to the Madrid Agreement Concerning the International Registration of Marks, the 
Protocol Relatin g to the Madrid Agreement, or, possibly, the Lisbon Agreement for the 
Protection of Appellations of Origin and their International Registration , with the International 
Bureau of the World Intellectual Property Organization in Geneva.  
 
Topography of Semicon ductor Products  
 
Item 142  
Filing of an application for topography of semiconductor products                    CZK 5000  
 
Item 143  
Filing of an application for revocation of topography of semiconductor products from  the 
Register                           CZK 2000  
***