Newsletters and Bulletins / February 2002 / Czech Republic |
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Czech Republic - Amendment of Trademark Law The 1995 Trademark Law has been amended and the principal changes effected under the amendments are summarized below.
1. The provision barring the registration of certain marks has been broadened to include signs which describe properties of the goods or services, marks that are highly symbolic, particularly religious symbols, and marks for wines and spirits, if they refer to a geographical name and the product does not originate from the location in question.
2. A priority right may be claimed on the basis of an application in a member country of the Paris Convention or the World Trade Organization (WTO). If the priority claim is based on an application in a country that is not a member of the Paris Convention or the WTO, priority will only be granted if the country has a reciprocal provision for priority. 3. Provision for the acceptance of consents from the owners of prior marks is now included expressly in the law. 4. The amendment broadens the protection for a well-known mark. Under the amendment, a trademark owner may file an opposition in accordance with the provisions of the Paris Convention (Article 6bis) or if, as a result of its promotion, the mark became well-known among the relevant public sector in the Czech Republic. 5. The Trademark Office will not only refuse to consider an opposition filed after the expiration of the three-month opposition term, but it will also decline to take into account supporting evidence filed after this period. 6. A trademark owner can request that the Court order the destruction of infringing goods and the machinery and materials used to manufacture them. 7. A trademark owner who has acquiesced in the use of a conflicting mark for 5 years may not thereafter object to the use of the junior mark, unless it was adopted in bad faith. 8. A junior user of a mark is not entitled to prevent the use of an identical or confusingly similar mark by a senior user, even if the senior user was unable to obtain a trademark registration. |
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