97/2004 Sb.
DECREE
of 20 December. February 2004
to the implementation of the law relating to trade marks
Industrial property office lays down pursuant to section 53 of Act No. 441/2003
Coll. on trademarks and amending Act No. 6/2002 Coll., on courts,
judges, lay judges and the State administration of courts and amending certain other
laws (the law on the courts and Judges Act), as subsequently amended,
(trademark law), (hereinafter referred to as the "Act"):
PART THE FIRST
TRADEMARKS
§ 1
Trade mark application
(To section 19 of the Act)
(1) the application for a trade mark (hereinafter referred to as "the application") shall also indicate:
and) an indication of whether a mark is to be registered in the register of protective
of marks (hereinafter referred to as "the register") in the normal script or in the graphic design,
or whether it is a figurative mark, or on the identification of spatial;
contains the data in a different font than the Latin alphabet, the applicant
These data shall be in Latin characters,
(b)) an indication of whether a designation consisting of a color or a combination of
colors, including the name or color numbers with the name of the used sample containers
colors.
(2) if the mark in standard script, designation shall be accompanied by the applicant
three depictions of the A8 to A4 size, which are able to clearly
reproduce the markings in all details; If the application was filed in
electronic form signed by electronic means under a special legal
Regulation ^ 1) shall be accompanied by one of the representation of the applicant.
(3) on an application for industrial property Office (hereinafter referred to as "the authority")
indicate the date of its submission and gives it the file number.
(4) unless the administrative fee has been paid in accordance with § 19 para. 3 of the law on
the prescribed time limit, the Office shall notify the applicant that the application of this
reason considered to be nepodanou.
§ 2
Comments
(Section 24 of the Act)
Comments on the application includes:
and) name and surname, address of the place of residence or address for
delivery of a natural person, business name, or other name and
the seat of the legal person (hereinafter referred to as "identification data"), which applied the
comments,
(b)) number the file of the application, including the identity of the
the applicant (hereinafter referred to as the "application data"),
(c) substantive justification for the comments)
d) signature.
§ 3
Objections
(Section 25 of the Act)
(1) opposition to registration of the trade mark in the register shall include:
a) identification of the person, the opposing party (hereinafter referred to as
"the opponent"),
(b) data on the application form), against whom objections are pointing,
(c)) the labelling of products or services to which the objections relate, or an indication that the
objections shall apply to all products or services listed in the application form,
(d) substantive grounds of objections)
e) what the objecting seeks,
f) signature.
(2) the opponent proves your submission is well-founded evidence that let
discussion of each of the objections.
(3) Objections, including the evidence shall be submitted in duplicate.
§ 4
To edit an application or a registered trade mark
(Section 27, paragraph 2 and 4 of the Act)
Request for an adjustment of the application or of the registered mark shall contain:
and) details of the application or the file number of the application or number
registration and details of the identity of the owner of the trade mark (hereinafter referred to as "data
the trade mark "),
(b)) required,
(c)) signature.
§ 5
Division of the application
(§ 27, paragraph 5, of the Act)
A request for Division of the application includes:
and data on the application form)
(b)) a statement, as requested by the applicant divide the application along with the
the list of products or services that are the subject of a divided application,
indicating the order of the classes of the international classification by ^ 2) together with the
the appropriate number of the class and giving the date of priority for each of the
partitioned applications
(c)) signature.
§ 6
Change the owner
(Sections 15 and 16 of the Act)
(1) an application for registration of a change in ownership of the trade mark in the register
contains:
and) details of the application or data about a trade mark
(b) the identity of the transferee) information about the trademarks,
c) an indication of whether the trade mark or whether it goes for converts
all products or services for which it is registered, or for only some of the
the order of the classes of the international classification in ^ 2) together with the relevant
the number of the class,
d) signature.
(2) the transfer of the trade mark, the application shall be accompanied by a transfer deed
or an excerpt from the translation of the Charter or another document proving
change the owner of the trade mark; When you go to the application attaches
evidence of the transition of the trade mark. If the proof of the transfer, or
the transition of the mark drawn up in a language other than English, the Office may
request its translation.
(3) for the request for registration of a transfer or gradient of the application shall be
apply the provisions of paragraphs 1 and 2.
(4) the application for designation of a change in ownership of the trade mark in accordance with section 16 of the
the Act shall be accompanied by the final decision of the Court in case a change in ownership
the trade mark.
§ 7
Other rights
(Section 17 of the Act)
(1) an application for the registration of the lien to a trade mark, the performance
the decision or execution, bankruptcy or composition proceedings to
the register contains:
and) details of the trade mark,
(b)) the identity of the persons concerned,
(c)) signature.
(2) the application for the registration of the lien to the trade mark shall be accompanied by
the security agreement, a decision of a court or administrative authority.
(3) the application for registration of the enforcement of a decision or execution shall be accompanied by a
the final decision of a court, administrative agency, or an enforcement order.
(4) the application for registration of a bankruptcy or composition proceedings are
be accompanied by a decision of the Court.
(5) If a document submitted to prove any other rights other than the Czech
language, the Office may request its translation.
§ 8
License
(Section 18 of the Act)
(1) an application for registration of a license contract in the register includes:
and) details of the trade mark,
(b)) the identity of the licensor,
(c)) the identity of the licensee,
(d)) the labelling of products or services to which the license agreement refers to, or
a statement that the license agreement refers to all products or services,
e) data about whether the license is exclusive or non-exclusive,
f) signature.
(2) the application for registration of a license contract in the register shall be accompanied by the license
contract, or other document proving the grant of license. When a license
contract, or other document in a language other than English, the Office may ask the
their translation.
§ 9
Renewal of the registration of the mark
(Section 29 of the Act)
(1) an application for renewal of registration of a trade mark in the register includes:
and) details of the trade mark,
(b)) signature.
(2) if the request for renewal of registration of a trade mark in the register
the request for limitation of the list of products or services for which the trademark is to be
mark is restored, the trademark owner is required to provide enumeration
the goods or services covered by the list of limits, or the list of goods and
the services that are to be deleted from the list.
§ 10
Application for revocation or declaration of invalidity
(Section 34 of the Act)
(1) an application for revocation or declaration of invalidity consists of:
and) details of the trade mark,
(b) identification of the applicant),
(c)) the labelling of products or services covered by the application for revocation or
the Declaration of invalidity of the trade mark concerned, or a statement that the proposal
refers to all products or services,
(d) substantive grounds for the proposal,)
(e) what the claimant claims),
f) signature.
(2) an application for revocation or for a declaration of invalidity, including evidence with
be submitted in duplicate.
(3) the applicant shall demonstrate the merits of an application for revocation or
Declaration of invalidity evidence enabling the examination of the application.
§ 11
Index
(Section 44 of the Act)
(1) the register shall contain:
the file number of the application),
(b)) the registration number of the trade mark,
(c)) date of filing of the application,
(d) date of priority),
e) date of publication of the application in the Office or in the case of conversion
Community trade mark into a national trade mark, the date of its
publication in the Gazette of the Office for harmonisation in the internal market (trademarks and
designs)
(f)) date of registration of the trade mark in the register,
g) and/or the representation of the mark; If the mark contains
the data in a different font than the Latin script, and where those data are stated by the applicant in
the application form, transcript of these data to the Latin,
h) an indication of whether the trade mark consists of a color or a combination of
colors including the name or color numbers with the name of the used
Swatch,
I) class of figurative elements of the trade mark, ^ 3)
j) identification of the owner of the trade mark,
k) type of mark,
l) products or services for which the trade mark is registered, sorted in
the order of the classes of the international classification ^ 2) together with the relevant number of the class,
m) restriction of the scope of protection,
n) transfer or trade mark transitions, including data on the identity of the
the transferee,
about) other rights to the trade mark and the identity of the creditor,
p) the license agreement to the trade mark and the identity of the transferee
of the license,
q) renew trademark registration data,
r) information on the identity of the members, or members of a legal person, or
the participants of the Association authorized to use the collective mark,
with) the identity of the representative of an applicant or owner,
t) cancellation of the trademark, the Declaration of invalidity of the trade mark
or other termination of trademark rights, including a waiver of the right to
trade mark,
for the rest of the material data) specified by the Office.
(2) the register shall be made available in electronic form, including through
Portal of the public administration.
§ 12
Application for international registration
(Section 47 of the Act)
(1) if the trade mark is registered in the register, the request for international
registration of a trade mark, provides:
and) details of the trade mark,
(b)) version or representation of the trade mark which is identical or
representation referred to in the entry in the register; If the mark is
recorded in a different font than the Latin script, or if it contains other than
Arabic or Roman numerals, its transliteration into Latin, which is
governed by the rules of the French or English pronunciation according to the type
international applications ^ 4) and rewrite to the Arabic numerals,
c) information identifying the applicant, which must be identical to the data on the
the identity of the owner of the registered trade mark in the register, or
details of the representative,
(d)) the list of goods or services, which may not be wider than the list of products
or services for which the mark is registered in the register, in exact translation
into French or English according to the nature of the international application, ^ 4)
ordered in the order of the classes of the international classification of ^ 1) together with the relevant
the number of this sort,
(e) a list of the Contracting Parties) of an international treaty, ^ 4) in which it is
required protection,
(f) the method of payment of fees), the international registration by the international
the Treaty, ^ 4) information on the identity of the payer or the confirmation number
World Intellectual property organization based in Geneva (hereinafter referred to as
"the International Bureau") of the payment already made,
(g)) if the trade mark applied for is in colour, the enumeration
the colors in French or in English according to the type
of the international application; ^ 4) if the trade mark consists of the colour
or a combination of colors, details about this fact,
h) signature,
I) other essentials required by an international agreement. ^ 4)
(2) if not already registered trade mark, the application for
the international registration of a trade mark contains data about the application, the date of
its submission to the Office and the information referred to in paragraph 1 (b). (b)) to (i)).
(3) the application for international registration of the mark in non standard
the applicant shall be accompanied by a representation of the three font mark
measuring at least 15 x 15 mm and a maximum of 80 x 80 mm. Mark
including colour marking must be identical with the designation
listed in application or with the trade mark entered in the register.
section 13 of the
Application for registration of changes concerning an international registration in the international
Register of trade marks
(Section 47 of the Act)
Request relating to each individual changes includes:
and the number of international trade marks),
(b) the file number) international trade marks, where it was allocated, the
(c) identification of the owner) of the international trade mark,
(d) an indication of the desired Act),
(e) the method of payment of fees) Act in accordance with international treaties, ^ 4) data
on the identity of the payer or a confirmation number to the International Bureau on the
payment already made,
(f) other essentials required) an international agreement ^ 4)
g) signature.
§ 14
The Community trade mark
[To section 49 and article 50, paragraph 1 (b), (d)) of the Act]
(1) the costs for the transmission of the Community trade mark application ^ 5) Office
for harmonization in the internal market (marks and designs) are set out
the amount of 500.0 CZK.
(2) the application for the initiation of the national proceedings concerning the conversion of a Community trade
a Community trade mark or on a Community trade mark application
a national trade mark in a non-verbal perform accompanied by the applicant
three of the representation of the mark applied for, which are able to clearly
reproduce the mark in all of the details about the size of the A8-A4; If
the application is filed in electronic form signed electronically by
a special legal regulation, ^ 1) shall be accompanied by one of the representation of the applicant.
PART TWO
The EFFECTIVENESS of the
§ 15
This Decree shall enter into force on 1 January 2000. April 2004, with the exception of
the provisions of § 14, which shall take effect on the date of the entry of the Treaty on
accession of the Czech Republic to the European Union enters into force.
President:
Al v. r.
1) Act 227/2000 Coll., on electronic signature, as amended
regulations.
2) the Nice Convention on the international classification of goods and services for the purposes of
the registration of marks of 15 June. June 1957, as revised at Stockholm on 14 July.
July 1967 and at Geneva on 13. May 1977, published under no.
118/1979 Coll., as amended by Decree No. 77/1985 Coll.
3) Vienna agreement concerning the international classification of figurative elements of the trade
marks of 12 October. June 1973, supplemented by the 1.10.1985.
4) Madrid Agreement concerning the international registration of marks and
of 14 July 1999. April 1891, revised at Brussels on 14. in December 1900, in
Washington, 2 July. June 1911, at the Hague on 6. November 1925, in
London day 2. June 1934, at Nice on 15 December. June 1957 and Stockholm
on 14 June 2005. July 1967, published under no. 65/1975 Coll., as amended by Decree
No. 78/1985 Coll., and the Protocol relating to the Madrid Agreement concerning the international registration
marks done at Madrid on June 27. June 1989, published
under no 248/1996 Sb.
5) of Council Regulation No 40/94 of the European communities of 20. December 1993 on the
the Community trade mark regulation, the Council of the European Communities No.
3288/1994 from 22. December 1994 and Council regulation of the European communities
No 1992/2003 of 27.10.2003.
