National trademark application
Act No. 441/2003 Coll. on Trademarks, as amended
Act No. 634/2004 Coll., on Administrative Fees, as amended (Part XI. Annex to the Act)
Act No. 500/2004 Coll., Administrative Regulations, as amended
The trademark application is filed with the Industrial Property Office, Antonín Čermáka 2a, Prague 6, postal code 160 68, in one copy and may only contain one registered designation.
An application for registration in the register of trademarks may be filed by a legal or natural person.
The applicant shall have priority over anyone who submits an application for an identical or interchangeable trademark for goods or services of the same type at a later date.
The application form must contain (see the instructions for completing the trademark application below)
- text, general representation or other expression of the applied for designation
- the identity of the applicant,
- a list of the specific goods and services to which the protection applies, including an indication of the classes according to the International Classification of Goods and Services for the purposes of trademark registration.
Filing of the application is subject to an administrative fee
The administrative fee for submitting the application is due within 1 month from the date of receipt of the application. If the administrative fee is not paid within the specified time limit, the application shall be deemed not to have been filed.
The Office does not send a request for reimbursement.
The administrative fee is paid in cash at the Office's administrative fees cash desk, by bill or transfer from the applicant's account to the account of the Office No. 3711-21526001/0710, CNB Praha 1. When paying fees in the form of a transfer, the constant symbol 1148 is given. If an already filed trademark is to be paid, the payer is obliged to identify each payment with a variable symbol based on the file number of the application. This is a maximum 10-digit code, the construct of which is as follows:
The figure 3 and the number of the trademark file, e.g., for an application for file number O-452385, the variable symbol is 3452385.
In this case, the name of the payer's account must be the same as the applicant (or their representative).
Search
In order to exclude possible interference with the owner rights of older trademarks by filing a new trademark application, the Office recommends performing a search before submitting the application.
Informative research can be carried out separately in freely available trademark databases, in the database of trademarks valid in the Czech Republic on the IPO website, or in the TMview and eSearch databases (managed by EUIPO), and in the Madrid Monitor and Global Brand Databases (managed by WIPO).
In the study room of the Office (Ant. Čermáka 2a, Prague 6), a verbal trademark search is carried out for the public while waiting, other research on trademarks is carried out on the basis of a written order, all according to the valid price list of services of the Industrial Property Office (fees in more details – see the website of the Office of Industrial Property).
Trademark validity
The trademark shall be valid after registration for 10 years from the date of filing the application. Registration of the trademark shall be renewed for a further 10 years at the request of the proprietor of the trademark.
Confirmation of application receipt
Where the applicant requests the sending of a 'Confirmation of application receipt', this confirmation, in which the address for delivery is completed and the text of the trademark applied for, must be attached to the application form. After receipt of the application, the Office shall send the certificate back with the indicated filing date and the assigned file number. This certificate is only proof of receipt of the trademark application, it is not a certificate of registration.
