Czech RepublicTrademark Registration

In the Czech Republic, trademark registration is mandatory in order to obtain rights over a mark, as it is a “first to file” jurisdiction. Only in some exceptional cases can an unregistered trademark be protected, so relying solely on use is risky.

Trademark applications must be filed with the Industrial Property Office of the Czech Republic UPV.

Because the Czech Republic is a member of the European Union, protection can also be obtained by registering a **European Union Trademark (EUTM), which covers the entire EU. See our EU trademark services.

The country is also a member state of the Madrid Protocol, so an international registration can be extended to the Czech Republic via the Madrid System. We offer services for trademark filing through the Madrid System.

If you register a combined trademark (word + figurative elements), your exclusive right will be limited to the exact configuration as filed and registered. If you wish to use the word element separately from the logo (or vice versa), it is advisable to file separate trademark applications for each element you want to protect individually.

To register a trademark in Czech Republic, you will generally need:

• Original Power of Attorney, signed. No notarization or legalization required.
• The name or logo you want to register
• The applicant’s details

Your iGERENT consultant will confirm the exact requirements for your case and guide you through each step.

On average, the trademark registration process in the Czech Republic takes about 8 months for straightforward cases.

This is an estimated timeframe based on current processing times and may vary considerably depending on objections, oppositions, or other administrative issues.

Registered trademarks in the Czech Republic have an initial validity of 10 years from the application date.

They can then be renewed indefinitely for successive periods of ten (10) years.
Renewal can be requested:

• As early as twelve (12) months before the expiration date, or
• During a grace period of six (6) months after the expiration date, upon payment of late renewal fees.

Yes. If a third party attempts to register or use a mark for similar goods or services that includes a primary or distinctive part of your trademark, you have the right to oppose the application based on confusing similarity.

Third parties may file opposition actions against a trademark application during the period of three (3) months following its publication in the Czech Intellectual Property Journal. The chances of success depend on the specific circumstances of each case.

A trademark does not need to be in use in the Czech Republic in order to be registered. However, prior use may help overcome an objection based on lack of distinctiveness, by showing that the mark has acquired distinctiveness through use.

After registration, the trademark must not go unused for periods of five (5) years, otherwise it becomes vulnerable to cancellation actions for non-use. The use must be on a commercial scale to be effective.