trademarks

The trademark is a designation intended primarily for use in business relations. Its main purpose is to distinguish the products (goods) and services on the market. The trademarks can be verbal, verbal-graphic (combined) and pictorial (logotype without verbal element). Special types of trademarks are spatial (3D) trademarks, color trademarks (only consisting of a particular color or a color combination) and acoustic trademarks. If the conditions for registration are met, it is possible to register a domain name as a trademark.

Ineligible trademark subjects are mainly designations used in trade to denominate type or properties of the product, and further such designations, that consist solely of elements, that have become common in current language or business conventions, obscene designations and so forth. In the trademark application proceedings, it is also examined, whether the application does not collide with older rights of third persons, namely with previously registered trademarks. It is therefore prudent to carry out a thorough research of the preceding rights. Since the Czech Republic joined the European Union, a huge number of trademarks, that can possibly be colliding, are in effect in the territory of the Czech Republic.

In contrast to the patents and registered designs, anyone can be the registrant of a trademark; there is no connection to a creator (author) of the designation. If logotypes are registered, however, we recommend settle the relations with the author of the logo, in the sense that the author agrees to the registration of the logo as a trademark.

The trademarks are valid 10 years after the submission of an application. The trademarks can then be extended for another 10 years, indefinitely. This is an advantage over the other registered industrial rights (patents, utility designs, industrial designs), the effectivity of which is limited by a time cap.
According to the intention of the territorial reach of the trademark, it is necessary to consider how wide a territorial protection to choose. There are three main modes of international protection. The first is the national way – that is, it is possible to apply for registration in each country separately. The second international method is registration via The World Industrial Property Office in Geneve (WIPO), where there is possible to simultaneously choose multiple countries, where the applicant aims to have a trademark registered . Third option is an application for the Community trademark (CTM), which after the registration leads to a protection on the whole European Union, based on the certificate given by the European Union Intellectual Property Office (EUIPO)in Alicante, Spain.

Trademark protection is absolutely essential in the current business environment, as it holds the information, which the customers connect with the quality of products and services. Trademarks are a material part of the intangible assets of the company with a considerable financial value. Trademarks themselves are highly sought after articles of trade. It is possible to transfer it separately, as well as to grant consent for use (for a fee), etc.