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Czech
Trademark opposition system
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Trademark opposition acceptance agency
Czech Republic adopts an administrative judicial dual track system:
1. Administrative supervisory authority
The Objection Division of the Czech Industrial Property Office (UPV) is responsible for formal examination, evidence review, and preliminary ruling
Industrial Property Rights Appeals Committee: composed of 3 technical/legal experts, responsible for handling complex case reviews (with the addition of a fast track function in 2023)
2. Judicial Authority
Those who are dissatisfied with the administrative ruling may file a lawsuit with the Brno Commercial Court (exclusive jurisdiction)
Final appeal to the Intellectual Property Division of the Czech Supreme Court (dedicated EU law expert group)
Proxy requirements:
EU applicants can entrust EU registered lawyers
Non EU applicants must submit their application through members of the Czech Industrial Property Agents Association (CZIPA)
Non Czech language documents require authentication and translation by the Ministry of Justice (Chinese documents require dual authentication: Chinese Ministry of Foreign Affairs, Czech Embassy in China)
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Timing of Trademark Objection
Czech Republic implements a national supplement system to EU standards:
1. Basic Objection Period
Three months after the trademark announcement on the UPV official website and the EU Trademark Gazette
The deadline for electronic submission is 24:00 (CET) on the last day of the announcement period
2. Supplementary Objection Period
Objections based on malicious registration can be filed within 5 years after trademark registration (with an additional fee of 8000 Czech koruny)
3. Cooling off period mechanism (Czech characteristic):
Both parties can negotiate to suspend the procedure for a maximum of 24 months (a suspension agreement must be submitted to UPV)
Force majeure can apply for a 60 day grace period (certified by the Czech Ministry of Foreign Affairs)
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Basis for Trademark Objection Application
According to Article 7-9 of the Industrial Property Law and Directive 2015/2436 of the European Union, statutory reasons include:
（1） Absolutely prohibited reasons
1. Lack of significance
Only composed of generic names (such as Pivo beer)
Infringement of EU geographical indications (such as Č esk é sklo Czech Glass)
2. Violation of public order
Including national emblem/portrait of historical figures (requiring pre-approval from the Ministry of Culture)
Violation of environmental regulations (such as false use of Ekologick ý ecological labels)
（2） Relative prohibited reasons
1. Prior conflict of rights
Confusion with Czech/EU registered trademarks (Nice Classification 12th edition)
Copy a trademark that enjoys reputation in the European Union (requires a consumer research report on the Central European market)
2. Traditional logo infringement
Infringement of protected Bohemian traditional products (such as Karlovarsk é oplatky hot spring pancakes)
3. Domain name registration
Malicious registration of. cz domain name (subject to the 2022 Domain Name Dispute Rules)
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Trademark opposition process
Stage 1: Electronic submission (0-14 days)
Submit a statement of objection through UPV ePortal (Czech/English)
Please attach:
Proof of prior rights authenticated by The Hague
Sales voucher containing Czech DI Č tax number
Malicious registration evidence chain (such as email correspondence notarization)
Payment fee: 5500 Czech koruny (≈ 220 euros)
Stage 2: Formal Review (14-30 days)
UPV review within 15 working days
Correction of common problems:
Stage 3: Defense period (1-3 months)
The opposing party shall submit a defense statement within 30 days
Can apply for a 20 day extension (payment of 1000 kronor per day)
Stage 4: Evidence Exchange (3-8 Months)
Up to three rounds of evidence submission (each round is limited to 45 days)
Accept the EU standard electronic evidence format
Stage 5: Hearing and Adjudication (8-12 months)
The appeal committee held a video hearing (led by Czech)
Stage 6: Judicial relief (12-24 months)
Appeal to the Brno Commercial Court (60 day deadline)
The average trial time of the Supreme Court is 14 months
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Trademark opposition period
Time optimization tool:
Fast track: Provide 6-month priority examination for green technology trademarks
Mediation suspension: Settlement negotiations can be suspended for up to 18 months
Practical operation suggestions
1. Localization strategy for evidence
Tax voucher: Provide invoice with DI Č code (certified by Czech tax authority)
Protection of Traditional Products: Register Traditional Craft Names with the Ministry of Culture in advance
2. Cost control plan
3. EU collaborative management
Monitor trademark dynamics in four Central European countries (Czech Republic, Slovakia, Poland, Hungary) through EUIPO TMview
Registering a Czech trademark and applying for international registration (Madrid system)
4. Key points of cultural compliance
Avoid using controlled expressions such as Prav ý (authentic) in alcohol trademarks
Trademarks related to historical figures require permission from the National Archives
The Czech trademark opposition system highlights the balance between the EU framework and domestic traditions, with its core competitiveness consisting of traditional logo protection and efficient electronic processes (with an electronic submission rate of 97% by 2023). Suggested companies:
1. Prioritize real-time tracking of announcements through UPV's eMonitor system
2. Conduct cultural compliance screening in advance for traditional industry trademarks such as beer and crystal
3. When it comes to cross-border disputes involving the European Union, citing CJEU precedents (such as Interpretation C-307/22)
4. Utilize the V4 Group's intellectual property cooperation mechanism (Czech Republic/Poland/Slovakia/Hungary) to reduce regional conflict risks
