WORLD TRADE 
ORGANIZATION 
Council for Trade-Related Aspects 
of Intellectual Property Rights IPINII/CZE/T/l 
29 April 1996 
(96-1622) 
Original: English 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
Czech Republic 
The present document reproducesl the following laws and regulations, as notified by the Czech 
Republic under Article 63.2 of the Agreement (see document IP/N/lICZE/1): 
Act on Trademarks, No. 137 of 21 June 1995 2 
Decree on the Implementation of the Act on Trademarks, 15 
No. 213 of 1995 
tIn English only IP/NIlICZE/TI 1 
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INDUSTRIAL PROPERTY OFFICE -CZECH REPUBLIC 
Law on Trademarks 
(No. 137 of June 21, 1995) 
The Parliament has adopted this Law: 
Part I 
General Provisions 
Article J 
A trademark is a sign consisting of words, letters, numerals, drawing or the shape of goods or their 
packaging, respectively of the combination thereof, intended ~o distinguish goods or services of various 
entrepreneurs and registered in the Trademark Register (hereinafter referred to as lithe Register") kept by the 
Industrial Property Office (hereinafter referred to as lithe Office"). 
Article 2 
(1) The following shall be excluded from registration in the Register: 
a) a sign which is not capable to be represented graphically, 
b) a sign which is devoid of ability to distinguish goods or services, 
c) a sign which consists exclusively of signs or indications serving in trade to designate the kind, quality, 
quantity, intended purpose, value of goods or services, of indications of geographical origin or the time 
of production of the goods or of rendering of the service, 
d) a sign which consists exclusively of signs or indications which have become customary in the current 
language or in the bona fide and established practices of the trade, 
e) a sign which consists exclusively of the shape of good which results from the nature of the goods 
themselves or which is necessary to obtain a technical result or which gives substantial value to the 
goods, 
f) sign which is contrary to public order or morality, 
g) a sign which is capable to deceive the public, namely as to the nature, quality or geographical origin of 
the goods or services, 
h) a sign the use of which would be contrary to the obligations of the Czech Republic resulting from 
international treaties. 
(2) a sign referred to in subsection (1) (b) to (d) may be registered, if the applicant that proves the sign has 
acquired distinctive character for his goods or services following its use in business, which had started at 
least two years before the filing of trademark application (hereinafter referred to as lithe application"). 
Article 3 
(1) The Office shall not register a sign identical with a trademark, which is applied for or registered by another 
owner for identical or similar goods or services with earlier priority right, or including elements of a sign 
which is applied for or of a registered trademark which could lead to confusion. 
(2) The Office shall not register a sign identical with a trademark, which has lapsed according to article 24, 
subsection (1) (a), where the application was filed before the expiration of a period of two years as from the 
date of lapse of the trademark, unless the registration of the sign was applied for by the person in whose 
name the said trademark was registered on the day of its lapse or by his successor in title. IP/N/1/CZE/T/l 
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INDUSTRIAL PROPERTY OFFICE -CZECH REPUBLIC 
(3) The Office shall not register upon duly and reasonably declared objections according to article 9 a sign 
infringing legally protected earlier rights of third persons. 
Part 11 
PrOCCdUl"C on Tradcmarl< Application 
Tradcmarl< application 
Article 4 
(1) Registration of a sign in the Register (hereinafter referred to as "registration of a trademark") shall be 
requested by filing an application with the Office. 
(2) The application may be filed by any legal or natural person (hereinafter referred to as "applicant") 
concerning goods and seIVices, covered by his entrepreneurial activity on the date of filing the application. 
Article 5 
(1) The application shall contain: 
a) the request for the registration of a trademark, 
b) forename and surname or the trade name of the applicant, address of the residence and place of business, 
when the applicant is natural person, or headquarters, when the applicant is a legal person. 
c) a wording or a representation of the trademark and in case of a three-dimensional mark its surface 
representation, 
d) the list of goods or services for which the mark is to be registered. 
(2) In the list of goods and services referred to in subsection led) the classification following the international 
treaty shall be mentioned. (1/+ 
Article 6 
(1) By filing an application which complies with the requirements referred to in article 5(I)the right of 
priority shall originate confers to the applicant towards evel)' person filing later the application of the 
identical or confusingly similar trademark in respect of identical or similar goods and services. 
(2) A right of priority under international treaty (2/+ shall be claimed by the applicant in the application already 
and a proved within a period of three months as from the date of filing of the application, otherwise the 
Office shall not respectit. 
Article 7 
(1) On the request of the applicant the Office shall allow an amendment of the sign concerning the name of 
applicant or his forename and surname or of the trade name or of the headquarters or place of residence of 
the applicant or place of business, the amendement of which has occured after the filing of the application, 
provided that such alteration makes the statements shown therein comply with the reality, without affecting 
the general nature of the sign. No other alterations of statements mentioned in aI1icle 5 section l(c) are 
admitted after filing the application. 
(2) After filing the application, the applicant may restrict the list of goods or services, in respect of which the 
trademark is to be registered~ the restriction may not be withdrawn. 
(3) Until the registration of the trademark, the applicant shall be entitled to divide the application listing 
several goods or services. The priority right shall be maintained for devided applications provided that they 
contain only goods or services listed in the original application. IP/NIlICZE/TI 1 
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INDUSTRIAL PROPERTY OFFICE -CZECH REPUBLIC 
(4) The applicant may transfer in writing his right to application relating to all goods or services, or to a part 
thereof only, to another entrepreneur who is qualified to be a proprietor of the trademark according to this 
law. 
Article 8 
Exnmination and publication of the ~lpplic~ltion 
(1) The Office shall submit the application to examination. 
(2) Where an application for registration of a trademark does not satisfY the necessary requirements, the Office 
shall invite the applicant to remedy the defects within a fix term.In case the application does not satisfy the 
conditions within article 5, section (1) the Office shall fix a term of 2 months to remedy the defects~ in this 
case the date of filing the documents, in which the defects were removed is considered as the filing date. 
(3) When the applied sign does not fulfil the conditions of registration provided by this Law the Office shall 
refuse the application. 
(4) Where the applications includes all required formalities and the denomination is not rejected within the 
article 3, the Office shall publish the application in the Gazette of the Industrial Property Office (hereinafter 
"Gazette"). 
Article 9 
Objections to the registnltion in the Register 
(1) Objections to the registration in the Register of a published denomination in the period of three months 
from tile date of publication may be given to the Office by: 
a) the owner or the applicant of a confusingly similar trademark with an earlier priority right, in case this 
trademark is registered or applied for the same or similar goods or services, 
b) the owner of an earlier identical or confusingly similar trademark, which before the application within 
the international treaty (3/+ was a well-known mark in the Czech Republic and characteristic for its 
owner for his goods or scrvices (hereinafter only "well-known mark") 
c) the owner of an identical or confusingly similar denomination that has acquired distinctiveness in the 
Czech Republic in recent two years before filing of the application,for the equal or similar goods or 
services of this owner. 
d) the entrepreneur, registered before the filing date in the Trade or similar register, in case his trade name 
or its substatial part is identical or confusingly similar with the published denomination and in case he 
produces identical or similar goods or furnishes identical or similar services, for which is the published 
denomination applied or such goods arc subject of his commercial activity. 
e) the natural person, whose forename and surname or representation, or pseudonym are identical or 
confusingly similar with the published denomination, in case the registration of this denomination may 
infringe the rights of a person's protection. 
1) the owner of earlier rights from another industrial property in case his subject is identical or confusingly 
similar with the published denomination, 
g) anybody, whom belongs the rights to an author's work, which is identical or confusingly similar with the 
published denomination, in case its using would interfere the rights to an author's work. 
(2) The term for filing objections to the registration of a published denomination in the Register cannot be 
extended. 
llroccedings of objections IP/NIlICZE/TI 1 
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INDUSTRIAL PROPERTY OFFICE -CZECH REPUBLIC 
Article 10 
(1) The Office shall examine, whether the objections were filed by an authorized person in the term fixed by the 
law and whether the objections are legally justified and supported by documents enabling its proceeding. 
(2) The Office will terminate the procedure on objections in case the filing of objections was delayed, or made 
by an unauthorized person, not justified or not supported by documentation necessary for the procedure. The 
Office is obliged to inform about it the person, filing the objections. 
(3) The Office shall inform the applicant about the regular filed objections and invites the applicant lo submit 
observations within the fixed time limit. The time limit must not be shorter than 10 days. 
(4) If the applicant does not submit observations within the fixed time limit, the Office shall terminate the 
procedure; the applicant must be in the invitation informed about this consequence. 
Article 11 
(1) In case of proper claiming of objections, to which the appliccant submited observations, the Office shall 
evaluate, whether the registration of the applied denomination in the Register will not infringe the rights of 
third persons. 
(2) In case the Office finds, that the applied denomination does not infringe the previous rights of third 
persons, protected by law, it shall refuse the objections;it shall submit the written decision to the applicant 
and to the person, filing the objections. 
(3) In case the Office finds, that the applied denomination does not satisfy the conditions for registration in the 
Register, it shall refuse the application and submit a written decision to the applicant and to the person, 
filing the objections. 
Article 12 
Registrntion of the tradenuu'k 
(1) The Office shall register the trademark in the Register in case the circumstances mentioned in article 2 and 
3 do not form an obstacle to the registration. The Office shall inform the applicant about it. 
(2) After the registration of the trademark in the Register the applicant shall become the trademark owner. At 
the request of the owner the Office shall issue the certificate on the trademark registration in the Register. 
(3) The Office shall announce the registration of the trademark in the Register in the Gazette within 6 months 
since the registration at the latest. 
Part III 
Rights of the trademark 
Article 13 
(1) The owner of a trademark shall have the exclusive right to affix his trademark on the goods or services for 
which it has been registered or to use it in relation to such goods or services. 
(2) The owner of a trademark is entitled to use togehter with the trademark the sign (R). IP/NIl/CZE/TI 1 
Page 6 
INDUSTRIAL PROPERTY OFFICE -CZECH REPUBLIC 
Article 1-1 
(1) No one may use a trademark without the authorization of its owner or a denomanitaion that is identical 
with such mark or that is misleadingly similar to the mark for goods or services identical with or similar to 
those for wich the trademark is registered or use it in relation to such goods or services, especially to affix it 
on the goods and its packing, offer or place on the market goods with such denomination or to store it for 
this purpose, import or export goods with such denomination or use such denomination in the trade name, 
correspondence or advertisments. 
(2) The owner of the trademark is entitled to demand from anyone who places or intends to place on the 
market goods or services information about the origin of the goods or documentation on such goods and 
services, on which the identical or misleadingly similar denomination with his trademark is affixed.The 
owner shall prove his rights to the trademark by the certificate of the trademark registration or by an extract 
from the Register. 
(3) The Customs Office on request of the owner of the trademark shall not release goods, having has a 
commercial character, to the free circulation regime procedure (4/+ , in case its denomination infridnes the 
rights of the trademark owner. The owner will prove his rights to the trademark by the certificate of the 
trademark registration or by an extract from the Register. 
(4) The trademark owner is entitled to demand from the editor of a publication, in which his trademark is 
reproduced, to publish the indication of the trademark including number of the registration of the trademark 
in the Register. 
Article /5 
(1) The owner of the trademark may request the competent court the decision about prohibition of using his 
trademark or confusingly similar denomination for identical or similar goods or servicecs, and the objects 
affixed that way, infridging his right, should be withdrawed from the market. 
(2) The owner of the well-known mark may within the subsection (1) assert his right, notwithstanding the 
identity or similarity of goods or selvice, in case using of the well-known trademark on different goods or 
services may cause a relationship between such afffixed products or services and the owner of the well­
known trademark and in case the interests of the owner of the well-known trademark will be infringed by its 
using. 
(3) In case of infringement of the rights of trademark a damage was caused, the injured party is entitled for its 
compensation. In case of infringement of the rights of trademark caused the immaterial prejUdice, the 
injured party is entitled to get an adequate satisfaction, which may be moneyed implemented. 
Article 16 
Hestriction of the rights to the trademarl< 
(1) The owner of the trademark shall be obliged to acquiesce, if the third persons use in the commercial 
relations their forename, surname, pseudonym, title or trade name, address of the residence, information 
concerning kind, quality, quantity, purpose,value, geographic origin, time of production or rendering the 
services or another character of the product in spite that this data are identical or confusingly similar to the 
trademark or they are a part of the trademark, but only in case that this data are used in acordance with 
established practices of the trade or good manners of the competition. 
(2) The owner of the trademark shall be obliged to acquiscent if the third persons use in the comnunercial 
relations a denomination identical to the trademark, in case it is necessary for marking the purpose of the 
product, especially its accessories or spare parts or kind of the services rendered in accordance with 
established practices of the trade or good manners of the competition. 
(3) The owner of a trademark shall be obliged to acquiscent the use of an identical or confusingly similar sign 
by its holder if such sign has acquired in the Czech Republic in the last two years before the filing the 
trademark application of that owner the distinctive character for identical or similar goods and services of 
the mentioned holder. IP/N/1/CZE/TIl 
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INDUSTRIAL PROPERTY OFFICE -CZECH REPUBLIC 
Article 17 
Exhausting of rights 
The trademark shall not entitle the owner to forbid the use of the trademark on products, which together with 
the trademark were introduced on the market himselves or with his authorization, unless after its presentation 
on the market a substantial change or deterioration of its standard or character. 
Article 18 
Licences 
(l) The right to use the trademark may be granted according to a licencing contract (51+ for all products or 
services, for which it has been registered or for its part. 
(2) Licencee may be only a legal or natural person, whose object of rights according to the licence for 
entrepreneurial activity are products or services, for which the trademark has been registered. 
(3) The right to use the trademark according to the licencing contract is effective since the date of registration 
of the licencing contract in the Register~the owner of the trademark is obliged to submit a request for its 
registration to the Office. 
Article 19 
Assignment and transfel' of the tnldcmark 
(1) Owner of the trademark may transfer the trademark for all products or services, for which it is registered. 
or for its part, to another legal or natural person, according to a written contract in case this products or 
services are object of his licence for entrepreneurial activity by the date of conclusion of the contract. The 
contract on transfer of a trademark is effective since the registration in the Register~the assignee is obliged 
to submit a request for its registration to the Office. 
(2) The trademark shall be transfered on a new owner in cases set in special legislation. (6/+ The transfer of the 
trademak shall come into the force with the registration in the trademark Register;the assignee is obliged to 
require for the registration to the Office. 
(3) If the trademark has been transfered owing to the death of the owner, the heir of whose shall be unable in 
accordance to this law to become the owner of the trademark, the hcir belongs the right only la grant the 
licence, if need be to transfer the trademark to the third person. 
Article 20 
Tnmsfcr of thc tnldcmarl{ ownc." 
If the trademark, which enjoys protection in some member country of the international trcaty(2/+ has 
been registered in the Czech Republic for the profit of the trade representative, middleman or merchant of the 
original owner (hereinafter referred to as "trade representative"), this original owner may request the court to 
take a decision to transfer the trademark to him, unless the trade representative shaH prove to act bona fide. The 
Office shall register the change of the trademark owner in the Register on request of the holder of the right and 
owner of the trademark. IP/N/lICZE/T/l 
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INDUSTRIAL PROPERTY OFFICE -CZECH REPUBLIC 
Article 21 
Right of lien 
(1) The trademark may be furnished as a lien.(7/+ 
(2) The right of lien to the trademark arises after registration in the Register~the lien creditor is obliged to 
request for this registration. The lien creditor is obliged to submit to the Office the treaty on setting up a lien 
right together with the request for the registration of the setting up the lien right to the trademark. 
Pm1IV 
Modification of the ta-ademark, period of protection mu) lapse of the tradClmlrl{ 
Article 22 
l\'lodification of the ta-ademark 
The Office shall permit the modification of the trademark on request of the owner of the trademark, as 
to the titel of the owner or his forename and surname or the tradename or the headquarters, the residence or the 
place of the bussiness activity,the changes of which were set in after the registration of the trademark in the 
Register, if this modification harmonized data, which are subject of it, with the reality without changing the 
general nature of the trademark. 
Article 23 
l)el"iod of protection 
(1) The period of protection is 10 years since the application with the Office has been filed. 
(2) The period of protection of the trademark shall be renowed for evel), further 10 years on request of the 
owner of the trademark, which has been filed with the Office first in the last year of the period of 
protection,but not later than in 6 months after the period of protection expires (hereinafter referred to as 
"the request for renewal of the registration"). 
Article 24 
Lapse of the trademarl< 
(1) The trademark shall lapse 
a) if the period of protection expires and the request for the renewal of the period of protection has not been 
filed in time, 
b) on the day, when the declaration of the owner of the trademark declared renunciation of a right has been 
delivered to the Office~this declaration has no legal effects, if there are rights of third persons there, 
c) by lapse of the legal capaeity of the owner of the trademark, unless the right to the trademark has been 
transfered or has passed to a new owner, 
d) on cancellation of the trademark from the Register performed by the Office in accordance with the 
article 25 and 26 .. 
(2) The trademark, the rights of third persons are bounding on shaUlaps in accordance with the subsection 
(l)(b) on the day when the owner of the trademark supports the laps of these righls,if need be he supplies 
the consent with the cancellation of the authorized persons. 
(3) The Office shall register the lapse of the trademark in the Register. IP 1Nl lICZE/T 11 
Page 9 
INDUSTRIAL PROPERTY OFFICE -CZECH REPUBLIC 
Cancellation of the trademarl< 
Article 25 
(1) The Office shall cancelI the trademark from the Register, if during the procedure, which has been opened 
on request of the third person or at its own instance, states that: 
a) the trademark has been registered at variance with this law~ in this case the trademark shall be regarded 
as not to be registered at all. This shall not be in force, if the trademark has been registered at variance 
with the article 2 subsection (I) (b-d) and owing to the use in business relations becomes characteristic 
for such products or services of its owner, for which it has been registered, 
b) the trademark has not been used in the Czech Republic during the period of 5 years before opening the 
procedure for cancellation at least and the owner of the trademark shall not give regular reasons for not 
using the trademark~the use of the trademark by the third person based on a treaty shall be considered as 
a regular use. 
(2) The Office shall cancell from the Register the trademark likely 10 cause confusion. if it states in the 
procedure, opened on request of the owner of the trademark enjoying an earlier right of priority. that the 
attached trademark has been registered for the same or similar products of services~ the Office shall not 
perform the cancellation, if the owner of the trademark with the right of priority acquiesced the use of the 
atached trademark during the period of 5 years since the registration of it. 
(3) The Office shall cancell from the Register of the identical trademark or the trademark likely to cause 
confusion, if it states in the procedure, which has been opened on request of the owner of the well-known 
trademark, that the use of the attacked trademark would unauthorized take advantage of the distingtivness 
or of a good-will of the well-known trademark or cause prejudice to it, regardless of it. if the attacked 
trademark has been registered for the same or similar products or services. The 'Office shall not perform the 
cancellation, if the owner of the well-known trademark acquiescentes the use of the attacked trademark in 
the Czech Republic during the period of 5 yaers since the registration of it. . 
(4) The Office shall cancell the trademark from the Register, if it states in the procedure. which has been 
opened on request of the third person, that the trademark owing to the activity or inactivity of its owner has 
lost its distingtiveness, as it has became, in businness relations. a standard denomination for products and 
services, for which the trademark has been registered. 
(5) If there is a reason for the cancellation of the trademark from the Register only in relation to the part of 
products or services, for which the trademark has been registered,the Office shall cancell the trademark for 
these products or services only. 
(6) The cancellation of the trademark from the Register within previous subsection may be performed even 
after the cancellation of the trademark, if the owner renders a legal interest. 
Article 26 
(I) The Office shall cancell the trademark from the Register on the base of the court decision according to 
which the trademark containing the forename and surename or picture of a natural person, or his 
pseudonym, infringes the rights of person's protection or according to which the trademark,containing the 
title or the trade name of a legal person infringes the good-will, if need be, that the trademark infringes the 
rights to the author's work. The cancellation shall be performed, if the authorized person requests in the 
period of 6 months since the court decision shall be legaly effective. 
(2) The Office shall cancell from the Register the identical trademark or the trademark likely to cause 
confusion on the bases of the court decision, in accordance with which the use of this trademark has been a 
not illicit competitive activity, as it takes duplicity advantage of the distingtivness or good-will of the 
extraordinary well-known trademark or it shall be to deny of it. The cancellation shall be performed, if the 
owner of the extraordinary well-known trademark requests for cancellation until 6 months since the court 
decision shall be legaly effective. 
(3) The cancellation of the trademark from the Register in accordance with the subsection (l) and (2) is to be 
performed even after the trademark has been cancelled, if the proposal proves the legal interest. IP/N/1/CZE/T 11 
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INDUSTRIAL PROPERTY OFFICE -CZECH REPUBLIC 
Part v. 
Special provisions in recpect of the collective trademarks 
Article 27 
(1) A collective trademark means any sign in accordance with the article 1, if it is capable to distinguish goods 
or services, of origin from members or partners of a legal person established with the view of the common 
designation of goods or services put on the market from the part of members or partners (hereinafter 
referred to as "business association"), from goods and services of other entrepreneurs. 
(2) The conditions ofthe use of the collective trademark including infringement sanctions are set in a written 
contract concluded between all members or partners of the business association. 
Article 28 
(1) The business association (hercinafter referred to as "applicant") files with the Office an application for 
registration of a collective trademark. 
(2) An application for registration of a collective trademark shall contain: 
a) the request for registration of a collective trademark in the Register, 
b) the title, or the trade name and the headquarter of the business association, 
c) this wording or representation of the aplied designation, which is to be registered as a collective 
trademark, if any as its deseription~ at the three dimensional designation its surface representation 
d) the list of goods or services, which the collective trademark shall be registered for, 
the list of member or partners of the applicant, which may use the collective trademark. 
(3) In the list of goods and services after subsection 2 the classes in accordance with international agreement 
(11+ shall be noted. 
(4) An agreement according to article 27 subsection (2) is to be set to the application for registration of a 
collective trademark. 
(5) By filing the application for registration of a collective trademark within subsection (2) the priority right 
arises for the applicant against any person, who subsequenty files an application for registration of a 
trademark, that is identical or confusingly similar trademark for identical or similar goods or services. 
Article 29 
(1) The Office subjects the application for registration for a collective trademark to examination at the extent 
set in article 8-12 during the fulfiling the condition set in the article 2 subsection (I) (b) the Office shall 
assess with regard to the article 27 subsection (1). 
(2) The applicant of a collective trademark becomes after the registration of a collective trademark in the 
Register owner of a collective trademark. On his request the Office remits the certificate of registration of a 
collective trademark in the Register. The Office shall publish the registration of a collective trademark in 
the Gazette. The certificate of registration of a collective trademark. appropriate the extract rrom the 
Register the Office remits on request to every memeber or partner of a business association, registered in 
the Register. 
(3) The Office registers on request of the owner of the collective trademark in the Register any change in the 
structure of members or partners of the business association. IP/N/lICZE/T/1 
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INDUSTRIAL PROPERTY OFFICE -CZECH REPUBLIC 
Article 30 
(1) Members or partners of the business association have the exclusive right to affix their own goods or 
services with a collective trademark, for which it has been registered or lo use it in relation in such goods or 
services. 
(2) Members or partners of the business association may affix in the framework entrepreneurial activity goods 
or services also with a trademark, which they arc owners of or to which they have right of use based on 
licencing contract. 
Article 31 
(1) The owner of a collective trademark shall have a right in extent within part III of this law, if there is no 
other provision in part V. 
(2) Members or partners of the business association shall enjoy the right in accordance with subsection (I) in 
extent set in the contract. 
(3) The Office shall enable on request to every person to inspect the contract. 
Article 32 
The collective trademark cannot be an object of a licence, cannot be transfered to another owner and 
cannot be afforded as a deposit. 
Article 33 
The period of protection for a registered collective trademark shall be 10 years from the filing dale of 
the application for registration of a collective trademark. For renewal of the registration the article 23, 
subsection (2) and (3) shall be valid. 
Article 3-/ 
(1) The collective trademark expires under conditions within article 24. 
(2) For the cancellation of the trademark registration in the Register the provisions of the article 25 and 26 
shall be applied by the condition that the fulfiling of the article 2, subsection (1) (b) shall be considered with 
regard to the article 27 subsection (1). 
(3) The Office shall cancell the collective trademark from the Register also than, if members or partners of the 
business association in pricipal infringe the contract on the collective trademark use. 
Part VI 
Relations to foreign countries 
Article 35 
(1) This law shall not affect the interantional trealy provisions, which the Czech Republic has been bounded of. 
(2) The persons not having their residence or headquaI1erS on the territory of the Czech Republic shall enjoy, 
where there is reciprocity, the same rights and obligations as the national applicants or owners of the 
trademark. 
(3) The persons not having their residence or headquarters on the territory of the Czech Republic shall have to 
be represented in the trademark procedure by a legal adviser, commercial lawyer or patent agent. IP/N/lICZE/T/1 
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INDUSTRIAL PROPERTY OFFICE -CZECH REPUBLIC 
Article 36 
(1) The persons having their residence or headquarters on the territory of the Czech Republic may request for 
an international registration of the trademark in accordance with the international treaty 8/* , if need be for 
a registration of changes regarding the international registration by means of the Office. 
(2) The applicant of the trademark demanding for an international registration shall be obliged to pay fees for 
the acts within subsection (1) set in accordance with the international treaty~ the Office shall notice the 
amount of the fees set in the international treaty in the Gazette. 
Article 37 
(I) The international registration of the trademark demanding the protection for the territory of the Czech 
Republic shall have the same effects as the registration of the trademark in the Register kept by the Office. 
(2) The term for filing objections applied as an international application begins to run from the first day of the 
month succeding the month, in which the trademark has been published in the Bulletin of the WIPO. 
(3) If the international registered trademark the protection to a trademark is refused for the territory of the 
Czech Republic, it is regarded as in the Czech Republic not being registered. 
Part VII 
Common provisions on procedure before the Office 
Article 38 
(1) The participant of the procedure for the registration of trademarks is the applicant, it need be, the owner of 
the trademark, which the procedure shall be produced for, the person who has filed objections against 
registration of the trademark in the Register within article 9. the authorized person within article 20 or the 
person who has proposed the cancellation of the trademark from the Register. 
(2) Every filing regarding the Office shall be done in writing in Czech language. Thc nationals of thc Czech 
Republic, which have bcen a part of a national or ethnic minority may do filing regarding the Office in their 
own language; hO\vever they have to put forward on the cost of the Office thc translation into the Czech 
language made by an interpretcr registered in a list of interpretcrs. 
(3) Every filing may concern one tradcmark only:as regards the requcst for registration of changes of the 
trademark owner identity data, the requcst for registration of the transfer or passing of the tradcmark. the 
request for registration of the legal advisor or the change of the legal advisor or rcquest for the correction in 
writing request in the Registcr and in the Gazette, one filing may concern more trademarks of the same 
owner.This provision shall be used for the equal request rcgarding a number of applications of the same 
applicant. 
(4) In procedure for the tradcmark cannot be excuscd the failure to comply with the time limit for filing the 
objections, a term for laying claim to priority. a term for filing request for trademark cancellation in the 
Register within article 26 subsections (1) and (2) and a term for filing the request for the renewal of the 
period ofprotection~ in the proccdure no term for acting after onc year has gone by since the act has to be 
done cannot be excuscd. Rights which wcre acquired bona fide in the period bctween the failure of the term 
and the excuse of it are not affected. 
(5) If the participant of the procedure who has filed the proposal for opening the procedure does not comply 
with the invitation of the Office for rcmoval of deffects or completion of the filing in a set term, or if for 
deficiency or defects in filing the procedure cannot continue, the Office shall terminate the proccdure: on 
this fact the participant of the procedure has to be called his attention. The Office shall terminate the 
procedure even on request of the person, who has filed the proposal for its opening. 
(6) The Office decides in accordance with the contcnts of the file, especially on the basis of evidcnces, which 
the participants of the procedure set forward supporting thus thcir statements. IP/N/lICZE/T/1 
Page 13 
INDUSTRIAL PROPERTY OFFICE -CZECH REPUBLIC 
(7) Against the decision of the Office the appeal in the period of one month since the decision has been 
delivered can be filed. The legal remedies extra against the decision of the Office are not admitted. 
(8) If not otherwise provided in this law the administrative rule shall be valid for the trademarks procedure 
except the provision of the suspension of the procedure, the statutary declaration, terms for decision and 
measure against inactivity.9/* 
Article 39 
(1) The proposer shall be obliged to pay in a security on costs of the procedure together with the proposal for 
the opening of the trademark cancellation procedure within article 25 and with the appeal against the 
decision of the Office within article 38 subsection (6). This shall be reimbursed, if the procedure shall prove, 
that the proposal for the opening of the procedure has been filed rightfully. 
(2) The security within the subsection (1) amounts 2 500 Czech Crowns. 
Article 40 
Register and Gazelle 
(1) The Office shall keep the Register where the decisive data concerning trademarks shall be registered. The 
trademark Register is a public Register and everybody enjoy the right to inspect it. 
(2) The Office shall issue the Gazette in which applications within article 8, subsection (4) shall be published 
and further on registrations and renewals of registrations of trademarks, transfers, trademarks cancellations 
and other important facts as regards trademarks. 
Part VIII 
Common, tr'ansitional and final proyisions 
Article 4 f 
The full power fOl' implementing regulations issue 
(1) The Office shall sett up the details concerning procedure on trademarks in a public notice, where the 
formalities required for the application, formalities of objections against registration of the denomination in 
the register, formalities of the request for the trademark registration renewal and formalities for the request 
for registration further facts in the Register, formalities concerning the proposal on trademark cancellation 
in the Register, details concerning trademarks file keeping and the registered trademark and the particular 
data regarding trademark which shall be marked in the Register and published in the Gazelle are set. 
(2) If an request for international registration has been filed, the Office shall set further formalities of the 
trademark application in the decree. 
Article 42 
T.oansitiomlilll"ovisions 
(1) Procectures on tractemark applications which have not been concluded before the entry into force of this 
law, shall be finished in accordance with this law it being understood that the applicant shall be obliged on 
invitation of the Office in the set term to remove the deITects of the application in accordance with the 
requirements set in this law. 
(2) The relations concerning trademarks registered in the Register before entry into force of this law shall 
follow the provisions of this law. The arising of this relations as well as the claims arising in connection IP/N/lICZE/T 11 
Page 14 
INDUSTRIAL PROPERTY OFFICE -CZECH REPUBLIC 
with them before entry into force of this law shall be considered in accordance with regulations valid on the 
term of their origin. 
(3) The owner of the trademark, which has been declared as famous, may request for cancellation the identical 
trademark or the trademark likely to cause confusion as well under conditions set in article 23 subsection (3) 
of the law No. 17411988 Coil. during the term of validity of this trademark, however not longer than 10 
years since the effect of this law has been taken. During this period the owner of the famous trademark may 
claim the objections against the registration of the identical or confusingly similar indication in the Register 
within article 9 of this law, without taking regard to the products or services, which the attached indication 
has been registered for. 
Article -13 
Revocation provisions 
The following shall be repealed: 
l. The Trademark Law No. 174/1988 Coil. 
2. The Decree of the Office for Inventions and Discoveries on the Procedure Relating to Trademarks No. 
187/1988 Coil. 
Article -1-1 
This law shall enter into force on the I October, 1995. 
J/+ Decree of the lvfinister of Foreign Affairs No.JJSIJ979 Collection of Laws on Nice Agreement Concernillg 
the International Classification of Goods and Services for the Purposes of Registration of Afarks, dated 
June 15,1957, revised in Stockholm on July, 1-1 1967 and in Geneva on Alay 13,1977, lVording (~(the 
Decree No. 7711985 Collection of Laws. 
2/+ Decree of the Alinister of Foreign Affairs No. 6-111975 Collection of LG'tl's 011 Paris COllventio/1 for the 
Protection of Industrial Property dated 20 A/arch 1883, revised in Brussels on 1-1 December 1900, in 
Washington on 2 June 1911, in The I-Iaague on6 November 1925, in Londol1 on 2 June 193-1, in Lisbon on 
31 October 1958 and in Stockholm on 1-1 July 1967, wording o/the Decree No. 8111975 Cullection (if 
Laws. 
3/+ Article 6 bis of the Paris Convention /01' the Protection 0/ 1ndustriaI Pr(}per~v 
4/+ Article 98,subsectiol1 2 Law No. 1311993 Coli. Customs Law 
5/+ Article 508 andfollowing of the Law No. 51311991 ColI.Colllmercial Law 
6/+ e.g. Art. 69 and 259 COlllmercial Law, Art. 12-17 Law about the State enterprise 
7/+ Art. J 51a and/ollowing of oJ the Law No. 401196-1 Call. Civil CodeArt. 297 ami following o/Commercial 
Law 
8/+ Decree of the Minister of Foreign Affairs No. 6511975 Collection of Law on Aladrid Agreement Concerning 
the International Registration of Alarks of April 1-1, 1891. as revised at Brusels on December 1-1,1900. at 
Washington on June 2,1911, at The Haague 011 November 6, 1925. at London ol1.June 2, 193-1, at Nice on 
June 15,1957, and at Stockholm 0/1 July 14,196-1 wording of the Decree No. 7811985 Collection 0.( Law . ..,·. 
9/+ Art. 29,39, 49 and 50 Law No. 7111967 Coil. 0/1 Administrative procedure (Administrative Code). 213 
DECREE 
of the Industrial Property Office 
from September 7 1995 
to Jrnplement the Law on Trademarks IP/N/1/CZE/T/l 
Page 15 
Pursuant to Article 41, par. 1 and 2 of the Law on Trademarks No 13711995 of Collection of Law (hereinafter 
"Law"): 
PART ONE 
TRADEMARK APPLICATION PROCEDURE 
Trademark application 
(Article 4 up 6 of the Law) 
Article 1 
(1) An applicant shall also state in the trademark application: 
a) infonnation whether the trademark shall be registered in the common characters used by the 
IndustrialProperty Office (hereinafter "Office") or in other characters, or the trademark in question be three­
dimensional: if the filed sign contains the data \vritten in other than Latin characters the transliteration of the 
data in Latin characters must be added, 
b) infonnation whether the trademark is filed in black and white or in colour, 
c) infonnation on the representative,inc1uding the name and address of the headquarters of the representative, 
who is legal entity, in the case of a physical person the name and surname and the address of residendce and/or 
the mail address. 
(2) If the applicant claims the priority right under Article 6, par.2 of the Law,he shall state the date,fiIe number 
and the country of application tiling by virtue of that he claims the priority right, in the trademark application; 
had the trademark be registered also the registration number. The applicant shall submit the document on 
application filing by virtue ofvv'hich he claims his priority right or the priority right document as an evidence of 
his priority right. 
(3) Goods and services, the trademark protection is claimed 
for, are listed in sequence of international classification!l classes accompanied by the respective number of the 
classification. 
(4) The trademark application is signed by the applicant or his authorized representative. 
(5) Office shall furnish the trademark application with the precise time date offiling and tile number. 
Article 2 
(1) Trademark application in different characters than common must be furnished with tlve figures of the tiled 
sign, reproducing clearly the filed sign in tine details. 
(2) Office may request the applicant to enclose further figures in the trademark application to clearly distinguish 
details of the filed trademark or its description in \\Titing and/or its sample. 
(3) Collective trademark application must be furnished with the agreement on business association and the 
applicant points out also the persons authorized to handle the collective trademark procedures on behalf of 
business assotiation. 
Article 3 
Divided application 
(under Article 7, par. 3 of the Law) IP/N/1/CZE/T/I 
Page 16 
(9) If the opposition is filed under Section 42 par. 3 of the Law, the owner of the trademark is obliged to state 
the file number and the date of decision of the Office, declaring the trademark to be well known. 
(I) The Register shall state: 
a) number of trademark, Article 5 
Trademark Register 
(under Article 40 of the Law) 
b) precise date of the trademark application filing with the 
Office and/or priority right date, 
c) publication date of the filed sign in the Gazette of the Industrial Property Office (hereinafter "Gazette"), 
d) date of the registration of the trademark to the Register, 
e) file number 
f) wording and/or representation of the trademark;if the trademark contains the data in different from Latin 
characters, the transliteration shall be furnished into Latin characters. 
g) classification of figurative elements of the trademark, 
h) trade name and address of headquarters or the name, surname and residence address of a trademark owner. 
i) the kind of trademark. 
j) the list of goods and or services the trademark is assigned for in the sequence of international classificationil 
accompanied by the respective number of the class of the classification, 
k) the date of the trademark registration renewal. 
I) international registration of trademark, 
m) license contracts in the trademark or designation of the association members entitled to use a collective 
trademark. 
n) the assignment of the right to the trademark. 
0) provision and lapse of the right of lien to the trademark, 
p) trade name and address of headquarters or the name. surname and residence address of the applicant 
representative. 
r) lapse of trademark right. 
(2) The moditications can be entered on request, occurred after the trademark registration. 
(3) Office shall enable access to the Register data to everybody. 
Article 6 
(I) The data provided for in Anicle 5 par. 1 shall be stated in the certificate of registration of the trademark to 
the Register. Office shall issue the certificate amendment on the request to the owner to reflect modifications of 
registration in the Register occurred after the certiticate had been issued. 
(2) I f requested, Onice shall issue original copy of the certificate of registration of a trademark in the Register. 
The original copy contains data stated in the certiticate of the registration of a trademark in the Register. 
(3) If requested, Oftice shall issue the extract from the Register and/or the extract of the data on the filed 
trademark to anybody. who files the request. The extract from the Trademark Register contains the data only, 
valid as of the date of application tiling on Register extract. 
(4) Office shall publish data stated under Section 5. par. I after the entry of the trademark to Register in the 
Gazette: any data moditication occurred after the registration of the trademark to Register shall be published in 
the Gazette. PART TWO IP/NIlICZE/TI 1 
Page 17 
AMENDMENTS AND MODIFICATIONS IN TRADEMARK 
Article 7 
Amendment in trademark 
(under Article 7, par. I and Article 22 of the Law) 
(I) Request to change the filed sign and/or trademark containing the data on headquarters address or name and 
surname and residence address of an applicant and/or trademark owner shall contain following: 
a) number of trademark registration and/or file number, 
b) trade name and headquarters address or name and surname and residence address of an applica~t and/or 
trademark owner, 
c) wording or representation of the trademark, 
d) trade name and headquarters address or name and surname and residence address of an attorney, if applicable, 
e) the requested amendment 
t) signature of applicant. 
(2) Request to change the filed sign and/or trademark must be furnished with the official document to confinn 
the change in data under the par. I. 
Article 8 
Restriction of the List 
(to Article 7, par. 2 of the Law) 
The request to restrict the list of goods or services contains as follows: 
a) number of trademark registration and/or file number, 
b) trade name and headquarters address or name and surname and residence address of an applicant and/or 
trademark owner, 
c) list of goods or services reflecting the restriction, 
d) trade name and headquarters address or name and surname and residence address of a representetive. if 
applicable. 
e) signature of applicant. 
Article 9 
Change in trade name and headquarters address 
or name and surname and residence address data 
The request to enter the change of data in the trade name and headquarters address or name and surname and 
residence address of an applicant and/or trademark owner shall contain following: 
a) number of trademark registration and/or tile number, 
b) the trade name and headquarters address or name and surname and residence address of an applicant and/or 
trademark owner 
c) the new data in trade name or headquarters address or name and surname and residence address of an 
applicant and/or trademark owner, the registration of which in the Register is 
demanded. 
d) trade name and headquarters address or name and surname and residence address of a representative. if 
applicable. 
e) signature of applicant. IP/N/lICZE/T /1 
Page 18 
Article 10 
Assignment of the right 
(under Article 19 of the Law) 
(I) Request for registration of the assignment and/or transition of the trademark in the Register contains as 
follows: 
a) number of trademark registration and/or file number, 
b) the trade name and headquarters address or name and surname and residence address of a trademark owner 
and infonnation on the trade name and headquarters address or name and surname and residence address of a 
trademark assignee, 
c) infonnation whether the trademark is transferred for all the assigned products and/or services or solely for 
some of them, listed in the sequence of the international classification/} classes accompanied with the respective 
class number of the above classification, 
d) trade name and headquarters address or name and surname and residence address of a represetative, if 
applicable, 
e) signature of applicant. 
(2) When the trademark transferred. the contract on transfer or the extraction of the contract shall be enclosed to 
the request and/or some other official document evidencing the change in trademark assignee and in trademark 
transition the document on trademark transition undergoing different regulations. If the document on trademark 
assignment and/or transition is submitted in other than Czech language, Office can demand its translation. 
(3) In case the assignement and or transition of the rights from trademark application is requested, the 
appropriate provisions of the paragraphs I and 2 shall be applied. 
Article 11 
Licence 
(to Article 18 of the Law) 
(1) The request for registration of the licence contract shall contain 
following: 
a) number of trademark registration and/or file number, 
b) the trade name and headquarters address or name and surname and residence address of a trademark owner 
and infonnation on the trade name and headquarters address or name and surname and residence address of a 
trademark licencee. 
c) information whether the trademark is licensed for all the assigned products and/or services or solely for some 
of them, 
d) trade name and headquarters address or name and surname and residence address of an representative, if 
applicable, 
e) signature of applicant. 
(2) The licence contract is enclosed to the request for ragistration of the licence contract to Register. If the 
licence contract is submitted in other than Czech language, Office can demand its translation. 
Article 12 
Lien 
(under Article 21 of the Law) 
( I ) The request for registration of the lien shall contain 
following: a) number of trademark registration and/or file number, IP/NIlICZE/TIl 
Page 19 
b) the trade name and headquarters address or name and surname and residence address of a trademark owner 
and information on the trade name and headquarters address or name and surname and residence address of a 
lien creditor, 
c) trade name and headquarters address or name and surname and residence address of a representative, if 
applicable, 
d) signature of applicant. 
(2) The lien establishment contract is enclosed to the request for registration of lien right contract to the Register. 
If contract submitted in other than Czech language, Office can demand its translation. 
Article 13 
Proposal for cancellation of the trademark from the Register 
(under Article 25 of the Law) 
(I) The proposal for cancellation of the trademark from the Register contains following: 
a) registration number of trademark and/or file number, 
b) trade name and headqual1ers address or name and surname and residence address of a trademark owner, 
c) wording or representation of the trademark, 
d) trade name and headquarters address or name and surname and residence address of proposer, 
e) trade name and headquarters address or name and surname and residence address of petitioner representative, 
if applicable, 
t) proposal how to decide in this matter, 
g) proposal substantial reasoning and supporting evidence, 
h) signature of applicant. 
(2) A proposal for cancellation shall be submitted in four copies; the copies of evidence supporting the proposal 
for cancellation must be enclosed to each copy of the proposal. 
(3) In case the trademark owner attacked by the proposal for cancellation is a legal or physical entity having 
neither headquarters nor residence in the Czech Republic, the proposal for cancellation shall be furnished with 
certified translation into French or English language. ' 
(4) Office shall invite the trademark owner to express his approach to the proposal for cancellation. 
Article 14 
Request for cancellation of the trademark from the Register 
(under Article 26 of the Law) 
(1) The request for cancellation of the trademark from the Register shall contain following: 
a) registration number of trademark and/or file number, 
b) trade name and headquarters address or name and surname and residence address of a trademark owner. 
c) trade name and headquarters address or name and surname and residence address of petitioner for cancellation 
of the trademark, 
d) trade name and headquarters address or name and surname and residence address of representative.in case the 
petitioner has a representative. 
(2) The petitioner shall enclose the copy of authorized Court order to the request for cancellation in compliance 
with that the trademark encroaches upon the rights of personality protection. infringes the legal entity reputation 
or em:roa(;hes upon [he copyright an/or the trademark application represents an unfair competition. IP/NIlICZE/TI 1 
Page 20 
Article 15 
Renewal of registration 
(under Article 23 of the Law) 
(1) Request for renewal of registration shall contain following: 
a) registration number of trademark and/or file number, 
b) trade name and headquarters address or name and surname and residence address of trademark owner, 
c) the statement the renewal of registration is requested, 
d) trade name and headquarters address or name and surname and residence address of a representative, in case 
the trademark owner has a representative, 
e) signature of applicant. 
(2) If the request for renewal of trademark registration in the Register comprises the request to restrict the list of 
products and/or services the renewed trademark is assigned for, the trademark owner is obliged to state the data 
under Article 8. 
PART THREE 
OFFICE ACTS 
Article 16 
File keeping 
Office keeps separate file on trademark application and on registered trademark, containing all items filed in the 
course of the trademark application procedure, in the life time of trademark registration and orders and decisions 
of the Office. 
PART FOUR 
APPLICATION FOR INTERNATIONAL REGISTRATION OF TRADEMARK 
(under Article 36 of the Law) 
Application for International registration 
Article 17 
(1) In case of a trademark registred in the Register kept by the Office,the application for international 
registration shall contain following: 
a) registration number of trademark to Register and its tenor or representation, when the trademark filed in other 
than Latin writing and/or contains other than Arabic or Roman numerals its transliteration into Latin is canied 
out under the rules of French pronunciation and transliteration into Arabic digits, 
b) trade name and headquarters address or name and surname and residence address of an applicant. that must be 
identical with the data on name and headquarters address or name and surname and residence address of 
trademark owner, having been registered in the Register kept by the Office, 
c) list of goods and services, the trademark protection is claimed for, identical with or shorter than the list of 
goods and services, the trademark is registered for in the Register kept by the Office, in precise translation into 
French and items listed in sequence of international c1assificationll classes accompanied by the respective 
number of the classification, 
d) the time, the protection is requested for, 
e) the list of countries, the protection is requested in, IP/N/lICZE/T/1 
Page 21 
f) the royalties payment fashion for international regirstration under the International Agreement on International 
Registration of Marks /2, trade name and headquarters address or name and surname and residence address of 
payer and/or certificate number of the World International Property Organization with its seat in Geneva 
(hereinafter "International Office") on payment having been settled, 
g) if the trademark tiled in colour, list of applied colours in French and infonnation on the way of publishing, 
h) trade name and headquarters address or name and surname and residence address of the representative, if 
applicable, 
i) applicant signature. 
(2) If the trademark has not been registered into Register kept by Office, application for international registration 
contains file number of the trademark application and its filing date with theOffice and data stated under par. I, 
letter b) up to i). 
Article 18 
(I) Application for intertnational trademark registration filed in other than common writing must be furnished by 
the applicant with tive copies of black and white representation of the filed sign of the size 15 x 15 mm as 
minimum' and 80 x 80 mm as maximum. 
(2) Applicant shall furnish the international trademark application in a coloured representation, besides the 
representation under the par. I, with following: 
a) 52 copies of representation of the sign in colour of the size smaller than 210 x 297 mm, if he likes to have the 
trademark published in black and white or 
b) five copies of representation of the filed sign in colour of the size 15 x 15 mm as minimum and 80 x 80 mm as 
maximum, ifhe likes to have the trademark published in colour. 
(3) Applicant shall furnish the international trademark application with three copies of list of products or 
services in precise translation into French and items listed in sequence of international classification: I classes 
accompanied by the respective number of the classification. 
Article 19 
Request for Acts in International Register of Marks 
(I) Oftice shall request for acts in the International Register of Marks concerning registration renewal. territory 
extension, assignment, data modification in name or name and surname and/or headquarters address or residence 
address of the internationally registered trademark owner, restriction of the goods or services list.the renunciation 
of the protection, request for cancellation. data correction, registration or change of a representative or any other 
acts, following the written request of the internationally registered trademark O\vner tiled for each individual 
procedure. 
(2) Request for acts under par. I shall contain: 
a) trademark number, its wording or representation. 
b) tile number of international registration. 
c) trade name and headquarters address or name and surname and residence address of internationally registered 
trademark owner, 
d) the royalties payment fashion for act under the international treaty /2 and data on trade name and 
headquarters address or name and surname and residence address of payer and/or certiticate number of 
International Office on payment having been settled, 
e) further properties requested by international treaty,l2 
f) signature of applicant. IP/NIlICZE/TI 1 
Page 22 
PART FIVE 
COMMON AND CONCLUSION PROVISIONS 
Article 20 
Should the Office have good reason to be in doubts about data reliability comprised in application, it may invite 
applicant to submit the evidence and prove them to be truthful. 
Article 21 
This decree comes into effect on October 1 1995. 
President: 
Ing. Jakl CSc. Notes: IP/N/1/CZE/T/l 
Page 23 
11 Decree of the Ministry of Foreign Affairs No 11811979 of Coil., to the Nice Agreement Concerning the 
International Classification of Goods and Services for the Purpose of Registration of Marks from July 15, 1957, 
revised in Stockholm on July 14, 1967 and in Geneva on May 13, 1977, in wording of Decree No 77/1985 of 
Coil. 
21 Decree of the Ministry of Foreign Affairs No 6511975 of ColI., to the Madrid Agreement Concerning the 
International Registration of Marks from April 14,1891, reviewed in BruxeIles on December 14, 1900, in 
Washington on June 2, 1911, In The Hague on November 6, 1925, in London on June 2, 1934, in Nice on June 
IS, 1957 and in Stockholm on July 14, 1967, in wording of Decree No 7811985 of Coil. 