Trademarkia (or “Trademarkia P.C.”) is the registered trade name of the law firm LegalForce RAPC Worldwide P.C. The law firm operates www.trademarkia.com, which provides the Internet’s largest, free search tool with a database of more than 8 million trademarks and logos. Other than searching the trademarks for free, a visitor of the website may also place orders on www.trademarkia.com to seek Trademarkia P.C.’s legal services. After the law firm conducts the required conflict checks and accepts the payment, and after a written retainer agreement is entered into, the visitor becomes the client of Trademarkia P.C..

Since 2009, Trademarkia P.C. has helped more than 100,000 clients registering trademarks in more than 170 countries around the world.

On January 1, 1993, Czechoslovakia split into two separate countries, the Czech and Slovak Republics. Trademark applications filed in the Patent Office in Prague prior to December 31, 1992, are deemed to cover both new republics. After December 31, 1992, separate applications must be filed with the Slovak Patent Office in Bratislava and the Czech Patent Office in Prague.

Any natural or legal person trading in the goods or providing the services in respect of which the mark is to be registered may apply.

Trademarks may be individual or collective. An individual mark serves to mark goods or services of a legal or natural person in whose name the trademark has been registered.

The following are excluded fiom registration: (1) a mark not capable of being represented graphically; (2) a mark not capable of distinguishing goods or services; (3) a mark which consists exclusively of signs or indications which are used in trade to designate kind, quality, quantity, purpose and value of goods and services, geographical origin, or time of production or rendering a service; (4) a mark which consists of signs or indications which are used in the current language or used bona fide in established practices of the trade; (5) a mark which consists exclusively of the shape of the goods resulting from their nature or necessary for obtaining the technical result or giving substantial utility value to the goods; (6) a mark contrary to public order or morality; (7) a mark likely to deceive the public, especially as to the nature, quality, or geographical origin of goods or services; (8) a mark which would be contrary to the obligations of the Czech Republic arising from international agreements; (9) a mark containing the denomination of a high symbolic value, namely religious symbols; and (10) a denomination applied for wines or spirits containing geographical indication with respect to wines and spirits not having that geographical origin.

The proprietor of a trademark shall allow a third party to use in the course of business his name, surname, pseudonym, title, trade name, address, particulars about kind, quality, quantity, purpose, value, geographical origin, time, and the manufacture of goods or provision of services, or other properties of goods, even,if'they are identical or confusingly similar with his trademark or form a part of his. trademark, provided that these data are in agreement with trade practices and rules of fair competition. The proprietor of a trademark shall allow a third party to use in the course of business a mark identical with his trademark, if such mark is necessary to indicate the purpose of the goods, especially its accessories or spare parts, or the kind of services provided, on assumption they are used in agreement with trade practices and rules of fair competition. The proprietor of a trademark shall allow the use of an identical or confusingly similar mark by its owner, if that mark acquired, in the Czech Republic, distinctiveness for identical or similar goods or services within two years prior to the date of filing of the application.

To file an application, the following is required: (1) power of attorney signed by the applicant, without legalization; (2) one copy of the mark (note: attorneys usually require three copies of marks other than word marks); and (3) a list of goods or services pursuant to the International Classification of Goods and Services. The trademark application must contain: (1) a request for registration of a trademark in the register; (2) the name and surname or the company name or trade name of the applicant, permanent address and place of business if the applicant is a natural person, or a seat if the applicant is a legal person; (3) wording or illustration of the mark-in case of a threedimensional mark, its two-dimensional illustration; and (4) a specification of goods or services for which the trademark is to be registered. The application shall concern only one mark. The application may be filed by any natural or legal person for goods or services, which are subject matter of his trade at the date of filing the application. Persons having no permanent domicile or seat on the territory of the Czech Republic shall, subject to reciprocity, have the same rights and duties as the Czech applicants or proprietors of trademarks. Persons having no permanent domicile or seat on the territory of the Czech Republic must be represented in proceedings concerning the trademarks by an attorney at law, commercial lawyer, or patent attorney. Convention: Priority must be claimed on filing the application. The applicant must state in his application the date of the filing on which he bases his priority right and the country in which the earlier application has been filed. These must be confirmed within three months by means of a document certified by the office responsible for registration. Multiple priorities are not allowed.

The registration of a trademark begins by filing an application with the Industrial Property Office. If the mark does not meet the conditions for registration stipulated by this Act, the Office shall reject the application. If the application meets all requirements, the Office shall publish it in the Journal of the Industrial Property Office.

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The rights to use the trademark may be granted in a license agreement for all or only some of the goods or services for which it was registered. The licensee may only be a legal or natural person whose business activity involves goods and services for which the mark is registered. The license agreement shall be effective in respect to third persons by the registration in the Trademark Register. The proprietor of the trademark must request registration with the Trademark Office for the license to be effective.

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No provision.