Application procedure for international registration of trademarks applied by the madrid system for the international registration of trademarks and the protocol to this agreement - aying claim to priority according to the Paris Convention for the Protection of Industrial Property

The applicant, the owner of a registered trademark in the Czech Republic or owner’s representative registered in the application form of the IPO CZ files an application for International Registration of Trademark. On the basis of this application the Office makes an international trademark application and forwards it to WIPO. The priority right from a trademark application in the Czech Republic is possible to claim in the international application only when the time span between the filing application date in the Czech Republic and the date of the registration is no longer than 6 months. If WIPO receives the application within 2 months as from the trademark registration in the Czech Republic, it recognizes the priority right from the national application.

The number of the registration in the Czech Republic is specified in the request for international trademark registration, if the trademark is registered or the trademark application number is under registration procedure. After receipt of an application it, is inserted into a relevant database as an item in a national application file or a file of a registered trademark in the Czech Republic. An examiner of the national trademark section deals then with the item, so that he/she files the file for the international examination. Further the examiner makes a copy of the application, which is filed in the national file and the original application is dealt with in the international trademark section, so as to issue the international application.

If the request for international trademark registration comes with the trademark application, the national trademark section deals with this application urgently, so as to issue the application in the bulletin.

To register a trademark in the register on time and to claim the priority right from the national application in the international trademark application is possible in these cases:

• An application for the international registration is filed simultaneously with the national application or at the latest within the first month from filing this application. To file the application on time is the applicant warned in the Office instruction, which the applicant receives together with the application form.
• A trademark application has no formal defects (late payment of the administrative fee, defects in classification of goods and services, no power of attorney…).
• A claimed sign is without material defects for registration to the register according to the Act No. 441/2003 Coll., Article 4 and 6.
• There are no objections to the registration of a trademark according to the Act No. 441/2003 Coll., Article 7.
• An application for the international registration has no material defects for issuing an international trademark application (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)