CZECH REPUBLIC
CZ030EN Industrial Property (Protection), Act (Amendment), page 22/25 06/04/2000, No. 116
Part Four Amendment to the Act on Trademarks
VI. The Law No. 137/1995 of Coll., Act on Trademarks, as amended by the Law No. 191/1999 of Coll. is amended as follows:
1. In § 2, Subsection 1, the letter (c) reads:
“(c) a sign that consists exclusively of signs or indications, serving in trade to designate the kind, quality, quantity, intended purpose, value or other characteristics of the goods or services, of indications of the geographical origin or the time of production of the goods or rendering of the service,”.
2. In § 2, at the end of the Subsection 1, the full stop is replaced by the comma and letters i) and j) are added, which have the following wording:
“i) a denomination containing the sign of a high symbolic value, namely religious symbols,
j) a denomination applied for wines or spirits, containing the geographical indication, with respect to the wines and spirits not having that geographical origin.”.
3. In § 2, Subsection 2, the words “at least two years” are deleted.
4. In § 3, at the end of the Subsection 1, the following sentence is added: “The sign can be registered, if the trademark owner or applicant with the earlier right of priority grant a written consent to the registration of the sign in the Trademark Register.”.
5. In § 6, in the first sentence of the Subsection 2, the words “of an international treaty,2)” are replaced by words, which inclusive of footnote No. 2) read as follows: “of the Paris Convention on the Protection of Industrial Property (thereinafter “Paris Convention”)2)
2) Paris Convention on the Protection of Industrial Property of 20 March 1883, revised in Brussels 14 December 1900, in Washington 2 June 1911, in Haag 6 November 1925, in London 2 June 1934, in Lisbon 31 October 1958, and Stockholm 14 July 1967, published under the number 64/1975 of Coll.”.
6. In § 6, at the end of the Subsection 2, the following sentence is added, which including the footnote No. 2(a) reads: “The right of priority can be claimed from the trademark application, in which the protection is demanded in the member state of the Paris Convention2) or in member state of the World Trade Organisation.2(a) I f the state, where the first filing of the trademark application is made, is neither party to the Paris Convention2), nor member of the World Trade Organisation,2(a) the right of priority can be only be awarded on condition of the reciprocity.
2(a) Notification No. 191/1995 of Coll., on the conclusion of the Convention on the constitution of World Trade Organisation (WTO).”.
7. In § 9, Subsection 1, the letter (b) reads: