The Czech Parliament recently adopted a new
Trademark Act. The new legislation, in comparison to the previous
act of 1995, modernizes trademark regulations to reflect
progressive tendencies in the trademark law of European countries,
and reflects the need to fully harmonize Czech trademark law in
view of the forthcoming accession to the EU.
Major changes:
-
The concept of the Community Trademark has
been introduced, in full compliance with Regulation EC 40/94. There
is a transitional provision dealing with possible conflicts between
national trade marks and Community ones: The proprietor of a
national trademark, who has submitted an application for
registration in good faith, prior to accession, is entitled to
prohibit the use of a Community trademark in the territory of the
Czech Republic (if it is identical or there is a likelihood of
confusion).
-
Likelihood of association is expressly
included along with likelihood of confusion as a possible ground
for refusal of registration and a reason for prohibition of
usage.
-
Lack of good faith is expressly stated as a
possible ground for refusal of a registration.
-
The broad, protectionist concept whereby the
proprietor of a generally known (unregistered) trade mark was
entitled to ban its use for all goods and services (not only
identical or similar ones) has been abandoned. From now on, the two
following restrictions will apply:
i - A generally known (unregistered) trademark enables its
proprietor to ban its use for similar or identical goods or
services only.
ii -The concept of a trademark enjoying good
reputation has been introduced. Such a trade mark (usually
registered, but not necessarily, in which case it would also be a
generally known trade mark) enables its proprietor to also ban its
use for goods or services which are not similar to those in respect
of which the trade mark is registered
-
There is a more detailed regulation
concerning the deletion of trademarks from the Register of
Trademarks: the concepts of invalidity, revocation and surrender
have been adopted (compliant with the above Regulation).
The new act enters into legal force on April 1,
2004, only provisions regarding Community Trademarks (point 1)
become effective as of accession, i.e. May 1, 2004. For further
information please contact Peter Valert or Jan Rataj at +420 221
098 888 or at peter.valert@cms-cmck.com or jan.rataj@cms-cmck.com