About Trademarkia P.C.
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.
Background
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.
Who May Apply?
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.
What Can Be Registered?
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.
What Cannot Be 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.
Rights
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.
Filing Requirements
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.
Evaluation & Review
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.
Duration
N/A
Use
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.
Domain Names
No provision
Enforcement
No provision.