Trademark is a sign (name, brand, logo, picture, slogan, shape of product) the purpose of which is to distinguish the goods and services of one provider from those of another person. It performs the function of identification of origin. Trademark can be a word mark, a figurative mark (logo), a color mark, or a three-dimensional (shape) mark.

Monopoly Right: Trademark provides to its owner an exclusive right to use the registered sign in connection with the goods and services listed in the application, grant consent (license) with its use by third parties, and prevent others from using the same or similar sign in connection with the same goods and services. The owner of a registered trademark is entitled to use the ® sign next to his trademark ®.

National Trademark: A national trademark is registered by the competent office for the relevant state, and the registered trademark is valid only on the territory of that state. If the applicant wishes to obtain trademark protection in various states, he is obliged to file a separate trademark application in each state. Within 6 months from the filing of the first trademark application in the first state (priority period) the applicant may file the same application in other states with priority.

European Union Trademark (EUTM): The EU Trademark provides uniform protection of a sign (as one single protective document) for the territory of all the EU Member States and is registered by a centralized office, the EUIPO, on the basis of a single application.

International Trademark: The international treaties of the Madrid System facilitate obtaining trademark protection in various states via the centralized office of WIPO. In one single application, the applicant may designate the states where he seeks trademark protection. WIPO performs a formal examination of the application and registers the international trademark. Within the following 12-18 month period (depending on the particular state), each of the national offices of the designated states performs examination according to national laws and has the right to refuse granting protection in that particular state. If no objections are raised by the national office, the international trademark will obtain protection equivalent to national trademark in such state. The term of such trademark is determined by national laws and differs from one state to another and may be renewed repeatedly.

Trademark can be registered on the basis of a trademark application containing a representation of the sign and a list of goods and services, filed at the relevant Office (CZ IPO, EUIPO, WIPO). The Office examines whether the formal requirements have been met and eventually raises objections on absolute grounds. When all formal requirements are met, the Office will publish the application. During the following 3 months, owners of prior rights (older trademarks, unregistered signs, etc.) may file oppositions against registration of such trademark. Shall such opposition be filed, the Office will first rule on the opposition matter and only then register the trademark or refuse the application.

The list of goods and services indicated in the trademark application may not be extended after filing, it may only be limited. For any additional items in the list of goods and services a new trademark application must be filed.

The basic term of validity of a trademark is 10 years and it can be renewed repeatedly provided that the prescribed renewal fees are paid.

Prevention of Infringement: When launching products or services to the market, any commercial subject is obliged to ensure that the products or services do not infringe trademarks valid in the territories in which they are manufactured, imported, exported, stored or marketed. Hence, it is necessary to regularly search trademark information databases which are available free of charge through internet, or commercially. If a product or a service which infringes a trademark right is launched to the market, the trademark proprietor will likely request removal of the product or service from the market as well as payment of damages.

Avoid Your Trademark Becoming Generic: In order to build and maintain a strong trademark, it is important to avoid the sign becoming generic (to lose distinctiveness), which may occur when others use it as a synonym for certain goods or services regardless of their origin (regardless of who is the producer or provider). In such event, the trademark does not serve its main purpose of identification of origin anymore and becomes a general term. Lack of distinctiveness may be a reason for cancellation or invalidity of the trademark.

Actions Against a Trademark of a Third Party: If you find a trademark (or a trademark application) which is identical or similar to your trademark, or which infringes your rights, or is not being used by its proprietor, or it does not fulfil the conditions for being registered as a trademark, you may file an opposition (in case of an application) or cancellation or invalidity action against such trademark to the competent office and you may achieve removal of the trademark from the register.