LOCATIONS

Trademarks

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

Patents

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

Utility models

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

Industrial Designs

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

Conventions

• TRIPs
• Paris Convention
• WIPO Convention
• Madrid Agreement
• Madrid Protocol
• Trademark Law Treaty
• Nice Agreement
• Vienna Agreement (Czech Republic is not a contracting party of an agreement but using Vienna classification)
• PCT Convention
• European Patent Convention (EPC)
• Patent Law Treaty
• Strasbourg Agreement
• Budapest Treaty
• Locarno Agreement
• Lisbon Agreement
• Czech Patent Act of 1 January 1991
• Czech Utility Models Act of 26 October 1992
• Czech Industrial Design Act of 1 October 2000
• Czech Trademark Act of 1 April 2004

Trademarks   

Filing the Application – Requirements

• Name and address of the Applicant;
• Representation of the Mark;
• List of goods and services according to Nice Classification 12^thedition (Classes 1-45);
• Priority date, country and number and the original Priority document which can be submitted subsequently;
• Scanned copy of the Power of Attorney simply signed by the Applicant. Power of Attorney simply can be submitted subsequently. The term for submitting the Power of Attorney simply can be extended several times.

Registration Procedure

• The Application is filed and examined with the Patent and Trademark Office (Office);
• The registration procedure takes 9-12 months (no opposition filed) as from the application date.

Opposition

• The opposition can be filed against the published Trademark Application within three months as from the date of publication.

Duration

• Upon payment of registration fees the Trademark is valid for 10 years as from the application date;
• Upon payment of renewal fees the Trademark will be extended for a further 10 years. The renewal fees can be paid during the last year of previous ten years protection period or up to six months after the expiration date with a fine of 100% of the renewal fees

Recording changes in the Register

Assignment of rights Requirements

• Scanned copy of Power of Attorney, simply signed by the Assignor or the Assignee;
• Scanned copy of Assignment document simply signed by the Assignor and the Assignee.

Change of name Requirements

• Scanned copy of Power of Attorney indicating the new name of the company, simply signed by the representative of the Company:

1. Scanned copy of the certificate from the Register of the companies evidencing
2. Scanned copy of the statement of the Secretary of State evidencing change of name.

Change of address Requirements

• Scanned copy of Power of Attorney indicating the new address, simply signed by a representative of the Company

1. Scanned copy of the certificate from the Register of the companies evidencing change of address; or
2. Scanned copy of the statement of the Secretary of State evidencing change of address.

Patents

Filing a Conventional Application – Requirements

• Name and address of the Applicant;
• The name and address of the inventor(s) or a statement that inventor does not wish to have his name mentioned in the application;
• Priority date, country and number;
• Description of Patent;
• Patent Claims;
• Drawings (if any);
• Scanned copy of the document showing the assignment of rights from the Inventors in favor of the Applicant, simply signed by the Inventors – can be submitted subsequently;
• Scanned copy of the Power of Attorney simply signed by the Applicant. Power of Attorney simply can be submitted subsequently. The term for submitting the Power of Attorney simply can be extended several times;
• Priority document – can be submitted subsequently;
• The Application is to be filed within one year as from the priority date;
• Translation of description, claims and abstract into local language, can be filed subsequently.

Filing a National Phase of PCT Application – Requirements

• Name and address of the Applicant;
• The name and address of the inventor(s) or a statement that inventor does not wish to have his name mentioned in the application;
• Description of Patent;
• Patent Claims;
• Drawings (if any);
• Abstract – summary of the invention;
• Priority date, country and number;
• International Search report;
• International Preliminary examination report;
• PCT Publication page;
• Scanned copy of the document showing the assignment of rights from the Inventors in favor of the Applicant, simply signed by the Inventors – can be submitted subsequently;
• Scanned copy of the Power of Attorney simply signed by the Applicant. Power of Attorney simply can be submitted subsequently. The term for submitting the Power of Attorney simply can be extended several times;
• Translation of description, claims and abstract into local language, can be filed subsequently.

Time limits for filing a National phase of PCT Application

• The Application is to be filed with the Office within 31 months as from the Priority Application date.

Registration Procedure

• Application is to be published within 18 months as from the application date or as from the priority date;
• Request for full examination is to be filed within 36 months as from the filing date or as from the International filing date.

European Patent

Czech Republic is a member of the European Patent Organization as from 1 July 2002.

Duration

• 20 years as from the application date for conventional Patents;
• 20 years as from the International filing date for the National phase of PCT patents;
• 20 years as from the European filing date for EP;
• the protection fees are to be paid annually, prior to the expiration of the year for which the protection fees have been paid or six months after the expiration of the protection period at the latest with 100% fine.

Recording changes in the Register

Assignment of rights Requirements

• Scanned copy of the Power of Attorney simply signed by the Assignor or Assignee;
• Scanned copy of the Assignment document signed by the Assignor and the Assignee.

Change of name Requirements

• Scanned copy of the Power of Attorney indicating the new name, simply signed by a representative of the Company:

1. Scanned copy of the certificate from the Register of companies evidencing change of name; or
2. Scanned copy of the statement of the Secretary of State evidencing change of name.

Change of address Requirements

• Scanned copy of the Power of Attorney indicating the new address, simply signed by a representative of the Company;
• Certificate from the Register of companies evidencing change of address, or
• Statement of the Secretary of State evidencing change of address.

Utility models

Filing the Application

• Name and address of the Applicant;
• The name and address of the inventor(s) or a statement that inventor does not wish to have his name mentioned in the application;
• Priority date, country and number;
• Description of Utility Model;
• Drawings (if any);
• Scanned copy of the document showing the assignment of rights from the Inventors in favor of the Applicant, simply signed by the Inventors – can be submitted subsequently;
• Scanned copy of the Power of Attorney simply signed by the Applicant. Power of Attorney simply can be submitted subsequently. The term for submitting the Power of Attorney simply can be extended several times;
• Priority document – can be submitted subsequently;
• The Application is to be filed within one year as from the priority date;
• Translation of description an claims into local language, can be filed subsequently.

Registration Procedure

• Application is to be usually registered within 6 months as from the application date or as from the priority date (registration principle).

Duration

• 10 years as from the application date for Utility Model;
• The first term of protection of a utility model is four years, at the request of its owner may be extended twice for three years;
• The renewal fees can be paid during the last year of previous protection period or up to six months after the expiration date with a fine of 100% of the renewal fees.

Recording changes in the Register

Assignment of rights Requirements

• Scanned copy of the Power of Attorney simply signed by the Assignor or Assignee;
• Scanned copy of the Assignment document simply signed by the Assignor and the Assignee.

Change of name Requirements

• Power of Attorney indicating the new name, simply signed by a representative of the Company

1. Scanned copy of the certificate from the Register of companies evidencing change of name, or
2. Scanned copy of the statement of the Secretary of State evidencing change of name.

Change of address Requirements

• Scanned copy of the Power of Attorney indicating the new address, simply signed by a representative of the Company

1. Scanned copy of the certificate from the Register of companies evidencing change of address, or
2. Scanned copy of the statement of the Secretary of State evidencing change of address.

Industrial Design

Filing the Application – Requirements

• Name and address of the Applicant;
• Name and address of the author or notice that the author chooses not to be mentioned in the application;
• Information regarding the number of external shapes the protection is requested for
• Full and short title of the industrial design;
• A two-dimensional presentation of the shape being the subject of protection (photograph or a graphic presentation of the product the protection is requested for);
• Scanned copy of the Power of Attorney simply signed by the Applicant. Power of Attorney simply can be submitted subsequently. The term for submitting the Power of Attorney simply can be extended several times.

Registration Procedure

• The Industrial Design Application is examined by the Patent and Trademark Office. If the Application meets prescribed requirements, the Office is issuing the Decision on grant;
• The fees are payable each five years.

Duration

• 25 years as from the Application Date

Recording changes in the Register

Assignment of rights Requirements

• Scanned copy of the Power of Attorney simply signed by the Assignor;
• Scanned copy of the Power of Attorney simply signed by the Assignee;
• Scanned copy of the Assignment document simply signed by the Assignor and the Assignee.

Change of name Requirements

• Scanned copy of the Power of Attorney indicating the new name, simply signed by a representative of the Company

1. Scanned copy of the certificate from the Register of companies evidencing change of name, or
2. Scanned copy of the statement of the Secretary of State evidencing change of name.

Change of address Requirements

Scanned copy of the Power of Attorney indicating the new address, simply signed by a representative of the Company

1. Scanned copy of the certificate from the Register of companies evidencing change of address, or
2. Scanned copy of the statement of the Secretary of State evidencing change of address.

This text is for informational purposes only and should not be considered as legal advice. Should you require any additional information, feel free to contact us.