Ochranná známka

Under Czech law

Czech trademarks are governed by the Trademark Act (Act No. 441/2003 Sb.) and registered with the Industrial Property Office (Úřad průmyslového vlastnictví, ÚPV). Protection runs ten years from filing and renews indefinitely (§ 29). An application specifies the goods and services by Nice classes; the ÚPV examines absolute grounds (descriptiveness, deceptiveness, § 4), publishes the application, and third parties may oppose within three months on relative grounds — typically an earlier similar mark (§ 7). Since the 2019 amendment the office no longer refuses applications ex officio for conflicts with earlier marks: owners must watch and oppose themselves.

For EU-wide protection, the EUIPO''s EU trademark covers all member states in one registration; a Czech national mark is cheaper and sufficient for a local business.

A practical example

A Prague café brands itself with a distinctive name, skips registration, and grows into three locations. A newcomer registers the identical name for restaurant services and demands the café rebrand. Unregistered prior use gives only narrow defences (§ 10 odst. 2 rights of prior users are limited in scope); what would have been a straightforward opposition becomes an expensive invalidity fight over bad faith.

When you need a lawyer

Clearance searches before you fall in love with a name, drafting the class specification (too narrow = gaps, too broad = vulnerability), oppositions in the three-month window, and enforcement letters — most infringements settle on a well-founded first letter.