Application procedure for international registration of trademarks

Application for international registration is filed by the owner or its representative. Based on this application the IPO CZ prepares international trademark application and forwards it to the WIPO. The priority right from the national trademark application may only be claimed in the international application on condition that the time span between the national filing date and the date of the trademark registration in the national register is no longer than 6 months. If the international application is filed within 2 months from the date of the national trademark registration, the WIPO recognizes its original priority right.
The national application or registration number (depending on the stage of the registration process) is specified in the international trademark application. The request for international application is entered into database with relevant national application or registration file (again depending on the stage of registration process). The IPO CZ trademark examiners complete the international trademark application.
If the request for international trademark registration comes with the trademark application, the national trademark section deals with this application to be published in the bulletin urgently.
Timely trademark registration and claiming priority right from the national application in the international trademark application is possible in the following cases if:

• application for the international registration is filed simultaneously with the national application or within the first month from filing this application at the latest. Timely application filing is stressed in the IPO CZ instructions, which the applicant receives together with the application form.
• trademark application has no formal defects (such as late payment of administrative fee, incorrect classification of goods and services, no power of attorney…).
• claimed trademark has no material defects that would prevent it from being registered according to the Act No. 441/2003 Coll., Article 4 and 6.
• there are no objections to registration of trademark according to the Act No. 441/2003 Coll., Article 7.
• request for international trademark registration has no material defects for issuing an international trademark application (such as late payment of the administrative fee, defects in classification of goods and services, no colour reproduction…)

• Common Regulations under the Madrid Agreement Concerning the International Registration of Marks and the Protocol Relating to that Agreement (as in force on April 1, 2007) (pdf 3,41 MB)
  
• Application of international registration of trademark - Guidance for applicants (pdf 115 kB)
• Administrative Instructions for the Application of the Madrid Agreement Concerning the International Registration of Marks and the Protocol Relating Thereto (as in force on January 1, 2008)
• Změny přijaté na 38. zasedání Shromáždění Madridské unie
• Smluvní strany Madridské dohody o mezinárodním zápisu ochranných známek a Protokolu k Madridské dohodě (platné od 27.1.2009) (pdf 100 kB)