Czech Republic
The Czech Republic is a member of the European Union (since 2004), the Paris Convention (since 1993), the Patent Cooperation Treaty (PCT, since 1993), the European Patent Convention (since 2002), and the Madrid Agreement and Madrid Protocol for trademarks. Trademarks are protected for 10 years (renewable indefinitely), patents for 20 years, and industrial designs for up to 25 years. The .cz country code domain is available to both individuals and legal entities with no local presence required. This page covers the filing requirements, legal basis, and key deadlines for protecting intellectual property in the Czech Republic.
GENERAL INFORMATION
Area: 78,864 sq. km.
Population: 10,837,890 (2024).
Capital: Prague.
Language: Czech (official), Slovak.
Currency: Kc (crowns).
GENERAL REMARKS
The former Czechoslovakia separated on December 31, 1992 into two independent States, the Czech Republic and the Slovak Republic (Slovakia).
The Czech Republic is a member of the European Union as of May 1, 2004.
PATENTS OF INVENTION
LEGAL BASIS
- Law of November 27, 1990, No. 527/1990, as amended by Laws Nos. 116/2000, 207/2000, 501/2004, 59/2005, 413/2005, 221/2006, 378/2007 and 303/2013.
- Decree of December 11, 1990, No. 550/1990, in force since January 1, 1991, as amended by Decree No. 21/2002.
- Law of June 21, 2000 No. 206/2000 on the Protection of Biotechnological Inventions, in force since October 1, 2000.
- Law No. 173/2002 of April 9, 2002 on Fees for Maintenance of Patents and Supplementary Protection Certificates and Plant Protection Products and on amendments of some Acts.
- Act No. 221/2006 Coll. of April 25, 2006 on Enforcement of Industrial Property Rights and on the Amendment of Industrial Property Protection Acts.
MEMBERSHIP IN INTERNATIONAL CONVENTIONS
- Paris Convention, Stockholm Act, since January 1, 1993.
- Patent Cooperation Treaty (PCT), since January 1, 1993.
- European Patent Convention, since July 1, 2002.
FILING REQUIREMENTS
- Name and address of the applicant;
- Name and address of the inventor;
- Power of Attorney (signed by applicant, without legalization), can be filed after the filing of the application;
- A document showing the right to the patent, if the applicant is not the inventor, can be filed after the filing date;
- Specification (in English, German or French, to be translated), 2 copies, abstract;
- Drawings: 1 original, 3 copies;
- Priority document (if any), to be filed only on request of the Patent Office;
- Assignment of priority right, if the applicant in the Czech Republic is not the same as the first applicant (notarization of the signature of the first applicant is required), to be filed only on request of the Patent Office.
REMARKS
National Phase of PCT: under Chapter I: 31 months; under Chapter II: 31 months.
Validity: issued after a full examination – valid for 20 years.
Annuities: are to be paid after the grant of a patent.
Opposition: after publication of an application any person may file observations regarding the patentability of the application’s object.
TRADE AND SERVICE MARKS
LEGAL BASIS
- Trade Mark Act No. 441/2003 of December 3, 2003, in force since April 1, 2004, last amendment in force since January 1, 2019.
- Decree No. 97/2004 of February 20, 2004, in force since April 1, 2004.
- Act No. 221/2006 Coll. of April 25, 2006 on Enforcement of Industrial Property Rights and on the Amendment of Industrial Property Protection Acts.
MEMBERSHIP IN INTERNATIONAL CONVENTIONS
- Paris Convention, Stockholm Act, since January 1, 1993.
- Madrid Agreement, Stockholm Act, since January 1, 1993.
- Madrid Protocol, since September 25, 1996.
FILING REQUIREMENTS
- Name and address of applicant;
- Power of attorney (signed by applicant, without legalization);
- List of goods and/or services (in English, German or French), indicating the International Classification;
- A representation of the trademark;
- Priority document (if any); legal term for filing: three months after application.
REMARKS
Kinds of protection: trademarks comprising a word or device or a combination of both, two- and three-dimensional designations, colors. Services marks are registrable. As of January 1, 2019, it is possible to register unconventional trademarks such as position, pattern, motion, audio visual or sound marks, holograms.
Classification: International.
Obligation to use the registered mark: use is obligatory within any five-year period. The public offer for use of the trademark through the press has the validity of usage.
Duration – renewals: 10 years; always renewable for further 10-year periods.
Opposition: may be lodged within three months from the date of publication of an application.
INDUSTRIAL DESIGNS
LEGAL BASIS
- Law of June 21, 2000, No. 207/2000 on the Protection of Industrial Designs, in force since October 1, 2000, amended by Laws 474/2004, 501/2004, 59/2005, 221/2006 and 303/2013.
- Act No. 221/2006 Coll. of April 25, 2006 on Enforcement of Industrial Property Rights and on the Amendment of Industrial Property Protection Acts.
MEMBERSHIP IN INTERNATIONAL CONVENTIONS
- Paris Convention, Stockholm Act, since January 1, 1993.
FILING REQUIREMENTS
- Name and address of the applicant;
- Name and address of the creator of the design;
- Power of attorney (signed by the applicant, without legalization; can be filed later on);
- A representation of the design;
- Description explaining the representation;
- Priority document (to be filed on the invitation of the Examiner) and an assignment of priority right if the applicant in the Czech Republic is not identical with the first applicant.
REMARKS
Duration – renewals: after formal examination: 5 years from the filing date, extendible four times by 5-year periods.
Opposition: not provided for.
DOMAIN NAMES
LEGAL BASIS
- There is no specific legislation although some regulations on the organization and management of country code top-level domain names do exist.
FILING
- ccTLD: .cz
- Applicant: individuals and legal entities.
- Local presence: not required.
REMARKS
Duration – renewals: one year, renewable.
Uniform dispute resolution procedure: available (arbitration) before CZ.NIC.
Frequently Asked Questions — IP Protection in Czech Republic
What documents are required to register a trademark in the Czech Republic?
To register a trademark in the Czech Republic, the following are required: the name and address of the applicant, a Power of Attorney (signed by the applicant, without legalization), a list of goods and/or services in English, German or French indicating the International Classification, a representation of the trademark, and a priority document if any (legal term for filing: three months after the application). Trademark registration is governed by Trade Mark Act No. 441/2003 of December 3, 2003, in force since April 1, 2004, with the last amendment in force since January 1, 2019.
Can I register a trademark in the Czech Republic through the international Madrid System?
The Czech Republic is a member of the Madrid Agreement, Stockholm Act (since 1993) and the Madrid Protocol (since 1996), so international registration through WIPO is also possible.
What kinds of trademarks may be registered in the Czech Republic?
In the Czech Republic, trademarks may comprise a word or a device or a combination of both, as well as two- and three-dimensional designations and colors. Service marks are registrable. As of January 1, 2019, it is also possible to register unconventional trademarks such as position, pattern, motion, audiovisual or sound marks, and holograms.
How long is the trademark opposition period in the Czech Republic?
Opposition to a trademark application in the Czech Republic may be lodged within three months from the date of publication of the application.
How long does trademark protection last in the Czech Republic?
Trademark protection in the Czech Republic lasts 10 years and is always renewable for further 10-year periods.
Must a trademark be used in the Czech Republic?
Yes. Use of the registered mark is obligatory within any five-year period. A public offer for use of the trademark through the press has the validity of usage.
What are the routes for filing a patent in the Czech Republic?
The Czech Republic is a member of the Paris Convention, Stockholm Act (since 1993), the Patent Cooperation Treaty (PCT, since 1993), and the European Patent Convention (EPC, since 2002). Filing requirements include: the name and address of the applicant, the name and address of the inventor, a Power of Attorney (signed by the applicant, without legalization, which can be filed after the filing of the application), a document showing the right to the patent if the applicant is not the inventor (can be filed after the filing date), a specification in English, German or French to be translated (2 copies) and an abstract, drawings (1 original, 3 copies), a priority document if any (filed only on request of the Patent Office), and an assignment of priority right if the applicant in the Czech Republic is not the same as the first applicant. For PCT national phase entry, the deadline is 31 months under both Chapter I and Chapter II. Patents are issued after a full examination and are valid for 20 years. Patent protection is governed by Law No. 527/1990 of November 27, 1990, as amended.
How long is the patent opposition period in the Czech Republic?
The Czech Republic does not provide a formal post-grant patent opposition window. Instead, after publication of an application, any person may file observations regarding the patentability of the application’s object with the Industrial Property Office.
When are patent annuities due in the Czech Republic?
Patent annuities in the Czech Republic are to be paid after the grant of a patent. Maintenance fees for patents and supplementary protection certificates are governed by Law No. 173/2002 of April 9, 2002. Timely payment is essential to keep the patent in force throughout its 20-year validity period. For current deadlines and practitioner guidance, consult Katzarov’s Manual on Industrial Property.
How do I register an industrial design in the Czech Republic?
Industrial designs in the Czech Republic are protected under Law No. 207/2000 of June 21, 2000, in force since October 1, 2000, as amended. Filing requires: the name and address of the applicant, the name and address of the creator of the design, a Power of Attorney (signed by the applicant, without legalization, which can be filed later on), a representation of the design, a description explaining the representation, and a priority document (to be filed on the invitation of the Examiner) together with an assignment of priority right if the applicant in the Czech Republic is not identical with the first applicant. The Czech Republic is a member of the Paris Convention, Stockholm Act (since 1993). After formal examination, protection lasts 5 years from the filing date and is extendible four times by 5-year periods, for a maximum of 25 years. Opposition is not provided for.
How do I register a .cz domain name?
The .cz domain is the Czech Republic’s country code top-level domain (ccTLD). Both individuals and legal entities may register, and local presence is not required. Registration runs for one year and is renewable. A uniform dispute resolution procedure is available through arbitration before CZ.NIC. There is no specific domain name legislation in the Czech Republic, although some regulations on the organization and management of the country code top-level domain do exist.
Does the power of attorney need notarization or legalization in the Czech Republic?
In the Czech Republic, the Power of Attorney for trademark, patent, and design filings does not require legalization or notarization. A simply signed POA is sufficient and can be filed after the application. For patent and design matters, an assignment of priority right requires notarization of the signature of the first applicant if the applicant in the Czech Republic is not the same as the first applicant.
Where can I search the Czech trademark database?
The Czech trademark register is maintained by the Industrial Property Office of the Czech Republic (Úřad průmyslového vlastnictví, ÚPV) in Prague. Searching requires knowledge of the Nice Classification, multilingual considerations (Czech, English, German, French), and interpretation of legal status codes. For comprehensive trademark searches and clearance opinions, contact Katzarov’s team.
Where can I search for patents in the Czech Republic?
Patent records in the Czech Republic are maintained by the Industrial Property Office of the Czech Republic (ÚPV). For professional patent searches, contact Katzarov’s team.
What is the contact information for the Czech Industrial Property Office (ÚPV)?
The Industrial Property Office of the Czech Republic (Úřad průmyslového vlastnictví) is located at Antonína Čermáka 2a, 160 68 Prague, Czech Republic. Phone: (+420) 220 383 111. Email: posta@upv.gov.cz. Website: upv.gov.cz.
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