TRADE MARK
Record Labels, Music Publishers, Artists, Merchandising, Live Event Industry, Television, Internet

As of April 1st 2004 a new Trademark Act (No.441/2003) will come into force in the Czech Republic. Although the structure of the Act has been considerably amended, there are only limited substantive changes in the law. However there are completely new are provisions concerning Community Trademarks, which will be automatically extended to the Czech Republic with the date of its accession to the European Union (these provisions will come into force as of May 1st 2004). The most important amendments are detailed in an article by Almut Rohnstock and a link is provided below. The definition of trademarks (Art.1) has been slightly amended, now including the possibility of colour trademarks; Art.2 now regulates which trademarks are able to claim protection in the Czech Republic, including CTMs and well-known trademarks according to Art.6 of the Paris Convention. Community Trademarks with seniority may also claim older rights (Art.3). Grounds for refusal ex officio (Art.4) as well as grounds for opposition (Art.7) and nullity (Art.32) newly include applications filed in bad faith. The provisions concerning oppositions and nullity (Art.7 and 32) based on known trademarks have been reformulated and expanded; the respective motions can now be based not only on “well-known ” trademarks, but also on trademarks with a reputation.
See : http://www.mondaq.com/article.asp?articleid=25541&email_access=on