1) Registrable marks include any sign that can be
graphically represented, that can distinguish goods and
services of one party from those of another, and may
include words, letters, numerals, product shapes,
packaging, or combinations thereof.
2) An opposition procedure has been established, pursuant to which owners of registrations or prior applications or of the following, may oppose a conflicting mark within 3 months from publication: a mark well-known in the Czech Republic in accordance with Article 6bis of the Paris Convention; a mark that acquired distinctiveness in the Czech Republic within 2 years prior to the application for the conflicting mark; a registered business name for similar products or services; personal names and personality rights; and other industrial property or copyrights.
3) Inherently unregistrable marks may be accepted for registration if they have acquired distinctiveness through use for at least 2 years prior to the filing of the application.
4) Collective marks need no longer be used in connection with another trademark or name.
5) Non-material amendments of aa application will now be accepted during prosecution of an application.
6) The rights of a trademark registrant have been expanded to include the right to bar the use of an identical or confusingly similar mark in respect of similar products or services for which the trademark is registered. Use has been defined as including the placement of the mark on products or packaging, the offer or marketing of such products or their storage, the import or export of products bearing the mark, or use of the mark in a business name, correspondence or advertising.
7) Previously, no registered marks, which ceased to subsist, could be re-registered by a third party within 2 years following the date on which the original registration ceased to be in effect. However, this rule now applies only to registered marks which expired due to non-renewal.
8) Registered marks are subject to cancellation in a court action, if not used for any period of 5 years.
9) Owners of prior rights may institute an action to cancel conflicting registrations, although this action will not be available if the owner of the prior rights knew of the conflicting mark and tolerated such use for a period of 5 years from registration.
10) A trademark registrant may not prevent the use of an identical or confusingly similar mark that has acquired distinctiveness through use in the Czech Republic for a period of 2 years prior to the filing of the application that led to the registration.
11) Registrants may not bar use of their registered marks on products that were placed on the market by or with their consent, unless such products were substantially changed or had deteriorated after they were placed on the market.
12) Trademarks may now be the subject of a security interest which must be recorded in the Trademark Register.
13) Owners of trademarks that the Trademark Office declared to be "famous" under the previous law may still object to identical or confusingly similar marks, irrespective of the products or services for which the conflicting trademarks are registered. However, such objections can only be made during the period of validity of the trademark, not to exceed 10 years from the date on which the new Act entered into force.
2) An opposition procedure has been established, pursuant to which owners of registrations or prior applications or of the following, may oppose a conflicting mark within 3 months from publication: a mark well-known in the Czech Republic in accordance with Article 6bis of the Paris Convention; a mark that acquired distinctiveness in the Czech Republic within 2 years prior to the application for the conflicting mark; a registered business name for similar products or services; personal names and personality rights; and other industrial property or copyrights.
3) Inherently unregistrable marks may be accepted for registration if they have acquired distinctiveness through use for at least 2 years prior to the filing of the application.
4) Collective marks need no longer be used in connection with another trademark or name.
5) Non-material amendments of aa application will now be accepted during prosecution of an application.
6) The rights of a trademark registrant have been expanded to include the right to bar the use of an identical or confusingly similar mark in respect of similar products or services for which the trademark is registered. Use has been defined as including the placement of the mark on products or packaging, the offer or marketing of such products or their storage, the import or export of products bearing the mark, or use of the mark in a business name, correspondence or advertising.
7) Previously, no registered marks, which ceased to subsist, could be re-registered by a third party within 2 years following the date on which the original registration ceased to be in effect. However, this rule now applies only to registered marks which expired due to non-renewal.
8) Registered marks are subject to cancellation in a court action, if not used for any period of 5 years.
9) Owners of prior rights may institute an action to cancel conflicting registrations, although this action will not be available if the owner of the prior rights knew of the conflicting mark and tolerated such use for a period of 5 years from registration.
10) A trademark registrant may not prevent the use of an identical or confusingly similar mark that has acquired distinctiveness through use in the Czech Republic for a period of 2 years prior to the filing of the application that led to the registration.
11) Registrants may not bar use of their registered marks on products that were placed on the market by or with their consent, unless such products were substantially changed or had deteriorated after they were placed on the market.
12) Trademarks may now be the subject of a security interest which must be recorded in the Trademark Register.
13) Owners of trademarks that the Trademark Office declared to be "famous" under the previous law may still object to identical or confusingly similar marks, irrespective of the products or services for which the conflicting trademarks are registered. However, such objections can only be made during the period of validity of the trademark, not to exceed 10 years from the date on which the new Act entered into force.
