Trademarks registered in the Czech Republic can be registered through the Industrial Property Office as so-called international trademarks in certain other states (see list of contracting states and organisations) under the Protocol to the Madrid Agreement on the International Registration of Trademarks:

APPLICATION FOR INTERNATIONAL REGISTRATION

An application for an international trademark registration is filed with the Industrial Property Office (see the relevant application form) on the basis of an application or on the basis of a trademark registration in the Czech Republic.

The designation given in the application for international registration of a trademark must be entirely the same as the basic trademark (including colour or graphic design); only the applicant or the proprietor of the basic trademark can be the applicant. The list of goods or services in an application for international registration may be the same as the list in the basic application or registration of a trademark, or may be narrower (in particular by omitting an entire class or individual term within a class) than the list of the basic trade mark, but shall not be wider, i.e., it cannot contain goods or services which are not included in the list of goods or services of the basic trademark. Where one applicant (owner) has more than one basic trademark applied for or registered in a completely the same wording or representation, they may submit a single application for international registration on the basis of them.

On the basis of the submitted application, the Office draws up an international trademark application and sends it to the WIPO International Office.

RIGHT OF PRIORITY

In an international application, it is possible to exercise the right of priority from the trademark application in the Czech Republic, provided that no more than six months have elapsed between the date of filing the application in the Czech Republic and the date of filing the application for international registration. In this case, the International Office will recognise the right of priority from the date of filing the trademark application in the Czech Republic if the international application is delivered to it within two months of the date of filing the application for the international registration of the trademark in the Czech Republic. If the applicant is interested in maintaining this right, it is recommended that they submit an application for an international registration of the trademark to the Office well in advance, because if the application contains defects that would have to be corrected before the international application was processed, the Office could not ensure its timely delivery to the International Bureau.

MORE DETAILED INFORMATION ABOUT THE WIPO PROCEDURE CAN BE FOUND HERE:

How the Madrid System Works

VALIDITY PERIOD

The period of protection of an international trademark shall be 10 years from the date of international registration and may be renewed for a further 10 years.

POSSIBILITY OF TERRITORIAL EXTENSION OF THE INTERNATIONAL TRADEMARK TO OTHER CONTRACTING PARTIES

Following the international registration of a trademark, its proprietor may, at any time during the period of validity of the international registration, apply for this trademark in other contracting states of the Madrid Agreement and/or the Protocol by means of a so-called subsequent designation of other contracting states.

Subsequent marking may be required for either all or part of the list of goods or services. The period of protection resulting from the territorial extension ends on the same day as the international registration; the date of renewal of the international trademark is therefore the same for all designs contained in the international trademark.

REQUESTS FOR AMENDMENTS

Applications for amendments concerning registered international trademarks may be submitted by the owner of the international trademark (or their representative registered in the international register) directly with the WIPO International Office on the relevant form (MM), or through the Office (see forms in the FORMS – APPLICATIONS section). Some applications submitted through the Office are subject to an administrative fee pursuant to Act No. 634/2004 Coll., on administrative fees, as amended.

If the international trademark acquirer, the licensee or the person authorised to request registration of the restriction of the owner's right to dispose of the international registration (in particular the lien creditor) applies for registration of the change through the Office, to which they can provide evidence of the acquisition of the right pursuant to Sections 15-18a of Act No. 441/2003 Coll.

OBTAINING PROTECTION IN A STATE THAT IS NOT A MEMBER OF THE MADRID SYSTEM

If the proprietor of a trademark wants to obtain protection for that trademark in a state that is not a contracting state of the Madrid Agreement and/or the Protocol to this Agreement, they must apply for registration by national means, i.e., directly with the industrial property office (or other competent authority) of that state, usually through an authorised representative there and under the state's own trademark laws. In this way, trademarks may also be registered in individual states that are members of the Madrid Agreement and/or the Protocol to this Agreement, as well as in the individual states of the European Union.