Trade mark protection in the Czech Republic is statutory; it is governed in particular by Act No 441/2003 Coll, on Trade marks ("the Trade Mark Act") and Act No 221/2006 Coll, on the Enforcement of Industrial Property Rights. Rights in the Czech Republic are not governed by case law, but courts and the Czech Industrial Property Office usually follow important decisions of the CJEU as well as decisions of Czech courts and the Industrial Property Office (IPO) whose arguments they use in their decisions.

The Czech Republic is a member of both the Madrid Agreement and the Madrid Protocol, which regulate international trade marks. It is also a member of the Paris Convention for the Protection of Industrial Property (the "Paris Convention") and the Agreement on Trade-Related Aspects of Intellectual Property Rights, which are mostly applied in cases of "well-known marks", and the Nice Agreement concerning the international classification of goods and services.

Registered trade marks are protected under the Trade Mark Act. There are different types of trade marks that can be registered under Czech law:

• verbal designations (word marks);
• proper names;
• numbers;
• logo marks (devices);
• word marks in combination with letters and numbers;
• label marks with pictures, images, symbols and drawings;
• figurative marks;
• colours;
• slogans;
• digital marks;
• 3-D signs;
• form of goods;
• packaging of goods; and
• a combination of all of the above.

There are also collective and certification trade marks. A collective trade mark is capable of distinguishing the goods and services of the members or shareholders of a legal person from those of other persons. A certification trade mark is a trade mark which is capable of distinguishing certified goods or services certified from uncertified goods or services.

Unregistered trade marks (unregistered signs or other signs used in the course of trade, such as domain names, company names) are protected under the law of unfair competition.

Czech law provides special protection for Olympic symbols under Act No 60/2000 Coll, on the Protection of Olympic Symbols.

The Czech Republic is a member of both the Paris Convention and the Agreement on Trade-Related Aspects of Intellectual Property Rights, which grant protection to "well-known marks" that are neither registered nor used in the Czech Republic.

Trade marks in the Czech Republic are protected for the period of ten years from the filing of the trade mark application.

The requirements for an exhaustion of trade mark rights are fulfilled in cases where goods marked with a trade mark have been put on the market in an EU member state or in another member state of the European Economic Area (EEA) under that trade mark by the proprietor or with their consent.

Nevertheless, if there are legitimate reasons the proprietor of that trade mark can oppose further commercialisation of the goods, especially where the condition of the goods is changed or impaired after they have been put on the market.

Trade marks may be accompanied by the ® symbol or the letters TM. Under Czech law, the use of the symbol or TM is a right, not an obligation of the trade mark proprietor. The actual placement of the symbols are not regulated by law.

A trade mark may be transferred, separately from any transfer of the undertaking, in respect of some or all of the goods or services for which it is registered. The transfer of the trade mark must be made in writing by means of a contract and comes into effect after it is registered with the Czech IPO which enters the facts in the register within one month after receiving all documents necessary to do so. No approval from the IPO is necessary.

The right to use a trade mark may be licensed through a licensing contract, concluded pursuant to provisions of the Civil Code, for all or some of the goods or services for which the trade mark is registered. A licence may be exclusive or non-exclusive. The licence takes effect upon its entry in the register, with the exception of a licence regarding well-known marks. If the contract is concluded for an indefinite period, the notice of termination takes effect one year after the end of the calendar month in which the notice is received by the other party.

An assignment or a licence contract does not have to be approved or registered by the Czech IPO, but failure to do so may bring some complications in the form of prolonging any proceedings by proof of rights, as there is an assumption that the owner of a trade mark is the one listed in the registry. Therefore, it is recommended to register both the change of ownership and any licences with the IPO. The assignment of a trade mark comes into effect after it is registered.

There are no further requirements in order for a licence or assignment to be valid.

It is possible to assign a trade mark application or to grant a licence to the trade mark application. 

A trade mark may be the subject of security, the subject of another real right, or the subject of the enforcement of a decision or of a seizure procedure, and may be included as an asset. Upon request, the IPO enters the facts in the register within one month from receiving all documents necessary to do so.

Trade mark rights can be acquired by registering a trade mark. "Unregistered signs" and "well-known trade marks" are also protected.

Trade mark applications are published in the official Gazette of the Czech Industrial Property Office (the “register”), which also administers an online database where information can be found regarding new applications, registrations, oppositions, decisions on the rejection and/or cancellation of trade marks, etc. The Gazette is published weekly.

Before filing a trade mark application, it is recommended to new applicants to conduct a clearance search for identical or highly similar trade marks that could represent a risk during the application proceedings. The clearance search can also be conducted by the Czech IPO, which uses all accessible databases (the Czech trade mark database, WIPO, EUIPO and Corsearch).

Czech national trade marks are registered for a period of ten years from the date of filing and may be renewed upon the request of the trade mark proprietor for additional periods of ten years without limitation. If the proprietor of a trade mark does not apply for renewal of the registration, the trade mark will expire. The IPO informs the proprietor of the trade mark of the expiry of the registration at least six months before the said expiry.

The registration of a trade mark can be renewed at the request of the proprietor for further periods of ten years at a time. The request for renewal must be submitted 12 months prior to the expiry of the registration, at the latest on the date of expiry. The time limit for submitting the request for renewal of the registration cannot not be extended or reinstituted.

The request for renewal of the registration may be filed at the latest within a further period of six month following the expiry of the registration.

Under the Trade Mark Act, a trade mark may consist of any signs, in particular, words (including personal names), colours, designs, letters, numerals, the shape of goods or the packaging of goods, or sounds, provided that such signs are capable of distinguishing the goods or services of one undertaking from those of another and are being represented in a manner which enables the competent authorities and the public to determine the clear and precise subject matter of the protection afforded to its proprietor.

The application for a trade mark registration must be filed with the Czech IPO on a special form that is also available on the web site. The application must include:

• the name of the applicant (natural or legal person, more persons as co-proprietors);
• the logo (if any) in black and white or in colour;
• the address and nationality of the applicant;
• the classes in which registration is sought;
• the power of attorney if represented by a counsel; and
• the details regarding the goods and services for which registration sought (as per NICE classification).

The Czech legal system has certain requirements regarding the use of a trade mark.

• Prior to filing: use of the trade mark prior to filing is important to acquire distinctiveness for generic and descriptive marks through continuous usage of the marks in commerce.
• Post filing: failure to use the mark post-registration for five years continuously could lead to the cancellation of the trade mark due to non-use. However, resumed use of the mark could re-validate registration provided there is no third-party action for cancellation of the trade mark being resumed for use.

The Czech legal system does not allow for the registration of series marks. One application is only intended for one trade mark.

The Czech IPO does not consider prior rights during the examination of an application for registration.

Any person may, by the end of the time limit for filing an opposition, submit to the IPO observations based on absolute grounds. The IPO takes into account the observations in the course of the registration procedure. A person who has made the observations is not a party to the proceedings before the IPO. The applicant is informed about the observations and the outcome of their assessment and may comment on them within the time limit set by the IPO. The IPO informs the person who has made the observations about the outcome of their assessment.

Owners of prior rights may lodge opposition within three months following the publication of the trade mark.

The application may be amended, upon request of the applicant, only by correcting the first name, surname, corporate name, address, or the company residence, or errors of wording or of copying or obvious mistakes, provided that such correction reflects reality and does not substantially change the sign applied for. Where the amendment affects the sign applied for or the list of goods or services and is made after the publication of the application, the application is published again as amended. The applicant may withdraw their application or restrict the list of goods or services in the application at any time. The restriction cannot be withdrawn.

Once the trade mark application is filed, the IPO examines whether the application complies with the requirements (see 4.1 Application Requirements). If the application does not satisfy the requirements, the IPO requests that the applicant remedy the deficiencies within the set time limit, which has to be at least two months long. If the deficiencies are not remedied, the IPO totally or partially rejects the application.

An applicant may divide an application filed for more goods or services. The divisional applications preserve the priority date of the original application, provided they contain only the goods or services of the original application. The applicant must specify requested division, the list of the goods or services subject to the divisional application and the priority date for each of the divisional applications. Where the restriction of the application is requested, the applicant must specify the goods or services subject to restriction.

An applicant may declare to divide an application. The application for the trade mark will continue to be dealt with as a divisional application for the goods and services listed in the declaration of division. In this case, the seniority of the original application applies for each sub-application.

The application documents required must be submitted for the divisional application. If they are not submitted within three months of receipt of the declaration of division, or if the fee for the division proceedings is not paid within this period, the divisional application is deemed to have been withdrawn.

See 4.6 Revocation, Change, Amendment or Correction of an Application.

The Czech IPO can refuse a trade mark:

• consisting exclusively of signs or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, value or geographical origin of the goods or services;
• that indicates time of production of the goods or of rendering the services or other characteristics of the goods or services;
• consisting exclusively of signs or indications customary to current language or in the established practices of the trade to designate the goods or services;
• that is contrary to law, public order or morality;
• that is liable to deceive the public as to the nature, quality, geographic indication of goods or services;
• that contains or is similar to signs, seals, emblems, flags, maps and/or official insignia of national and international organisations and associations;
• containing or bearing resemblance to another person or personal name or company name, logo, legal title, portrait, picture, protected copyright, photograph;
• if the use of which is contrary to the Czech Republic or EU legislation or contrary to obligations ensuing from international agreements to which the Czech Republic or the EU is party;
• that provides protection for designations of origin and geographical indications, traditional terms for wine, and traditional specialities guaranteed;
• that is identical or similar to an earlier registered mark, including well known marks; or
• has the likelihood of confusion including a likelihood of association with an earlier registered trade mark.

An applicant may lodge an appeal against a decision refusing the trade mark registration with the President of the IPO within one month from the service of the decision.

The decision of the President can then be subjected to judicial review proceedings before the administrative courts. This is, in principle, a full review process, where issues of law and fact can be raised. The first instance decision of the City Court in Prague can be appealed through a “cassation complaint” to the Supreme Administrative Court.

Persons who have their real commercial or industrial establishment, permanent residency or seat in the Czech Republic or who are Czech nationals may file an application for international registration of a trade mark, pursuant to the Madrid Agreement or the Protocol Relating to the Madrid Agreement, or file an application for registration of changes concerning the international registration through the IPO.

An international registration of a trade mark designating the Czech Republic has the same effect as an application for registration of a national trade mark.

An opposition to a trade mark registration must be filed in writing within the statutory deadline of three months after the publication of the registration of a trade mark. The deadline cannot be extended and all arguments and evidence must be submitted within the deadline.

Czech law enables the proprietors to base oppositions on their earlier rights to prevent the registration of trade marks in a range of situations, such as:

• double identity both between goods and/or services and between marks;
• a likelihood of confusion between a sign applied for and an earlier trade mark;
• unauthorised filing of an earlier mark by its agent or representative;
• earlier non-registered trade marks or other signs used in the course of trade of more than mere local significance;
• an earlier national or European reputed registered trade mark to prevent registration of a later similar or identical application that, without due cause would take unfair advantage of, or be detrimental to, the distinctive character or the repute of the earlier trade mark;
• the natural person whose personal rights, in particular, right to a name, right of personal portrayal, and right to protection of personal expressions, may be infringed on by the sign applied for or, possibly, by the entity entitled to assert these rights;
• the person holding copyright, if an author’s work may be infringed on by the use of the sign applied for; and/or
• the proprietor of an earlier right in other industrial property, if industrial property rights may be infringed on by the use of the sign applied for.

The opposition may also be lodged by the applicant for registration of the trade mark and the applicant for registration of the right in other industrial property, if such right is registered.

An opposition may be filed by the owner of a prior right or a licensee (see 5.2 Legal Grounds for Filing an Opposition). A representation by a legal or patent attorney is not obligatory. The opposition fee amounts to CZK1000 and must be paid within the deadline for filing the opposition. Failure to pay the fee results in rejection of the opposition.

The opposition must be well grounded and accompanied by respective evidence. The IPO communicates the content of the opposition to the applicant and sets a time limit for the applicant to file observations to the opposition (usually two months with the possibility of extension). If the applicant submits no observations to the opposition within the set time limit, the IPO shall base its ruling on the opposition on the contents of the file.

If the earlier trade mark has been registered at least five years preceding to the date of filing or the date of priority of the application, at the request of applicant the opponent shall furnish proof that, during the five years period preceding the date of filing or the date of priority of the application, an earlier trade mark has been put to genuine in connection with the goods or services in respect of which it is registered and on which the opposition is based, or that there are proper reasons for non-use.

Since the opposition procedure is a summary proceeding there is no oral hearing.

If the applicant and the opponent request jointly, the IPO grants them, during the opposition proceedings a time limit of at least two months for a friendly settlement. If no friendly settlement has been reached, the IPO will render a decision on the opposition and either reject the trade mark application totally or partially or reject the opposition to the full extent or partially.

Either party may lodge an appeal against a decision of the IPO with the President of the IPO within one month from the service of the decision. It is possible to file a blank appeal which must be substantiated within another month. The appeal has suspensive effect. Time limit for lodging and substantiating an appeal cannot be extended and default of time limit cannot be waived.

The decision of the President of the IPO can then be subjected to judicial review proceedings before the administrative courts. This is, in principle, a full review process where issues of law and fact can be raised. The first instance decision of the City Court in Prague can be appealed through a “cassation complaint” to the Supreme Administrative Court.

First instance proceedings take one to one and a half years and an appeal one to three years.

Czech law distinguishes two types of trade mark cancellation:

• a revocation; and
• a declaration of invalidity.

Both of these legal institutes are applicable only after the registration of the trade mark in the register. However, they have different possibilities of application, justification and, above all, effects.

In brief, a request for revocation may be brought against a trade mark that is not in genuine use; has become a sign customary in the trade; its use is likely to deceive the public; or, by virtue of a court decision, its use is an unlawful act of competition. The revocation of a trade mark has ex nunc effects, ie, the trade mark ceases to have its effects only after the decision on its revocation becomes final.

The declaration of invalidity of a trade mark has ex tunc effects, ie, such a trade mark is regarded as if it had never been registered, see 6.2 Legal Grounds for Filing a Revocation/Cancellation Proceeding.

The registration may not be cancelled where the owner of the earlier trade mark (or other right) has tolerated the use of the younger trade mark for the goods or services for which it is protected for a period of five consecutive years whilst being aware of such use.

The IPO will revoke/cancel a trade mark:

• if it has not been used for a consecutive period of five years preceding the day when the request was filed;
• if it has become customary for goods or services for which it is registered;
• if it has after its registration become deceptive for goods or services for which it is registered; or
• mark upon a request filed within six months from the day when the decision according to which the use of a trade mark amounts to unfair competition has acquired legal force.

The IPO will invalidate a trade mark:

• if it has been filed contrary to absolute grounds or if it has been filed in bad faith; or
• upon a request filed by a person who is entitled to file opposition against a later trade mark application, see 5.2 Legal Grounds for Filing an Opposition.

A revocation/cancellation request may be filed by any third party.

An invalidation request filed by a person that is entitled to file an opposition may only be filed by a person that enjoys specific earlier priority rights stated in the respective provisions of the Trade Mark Act.

Revocation, cancellation and/or invalidation actions are brought before the Czech IPO.

Partial revocation, cancellation or invalidation is possible if the grounds based on which the mark is revoked/cancelled or invalidated relate only to some of the goods/services for which the mark is registered.

The revocation, cancellation and invalidation proceedings are not concentrated and it is thus possible to amend them before the decision is rendered by the Office. For example, it is possible to partially withdraw the filed requests.

Revocation, cancellation and invalidation actions are heard before the Czech IPO. Infringement cases are heard before the courts.

It is possible to file an invalidation request against fraudulent trade marks on the grounds that these trade marks have been filed in bad faith.

Lawsuit trade mark claims are not limited by a specific time-period. However, if the trade mark has been registered for at least five years at the date of filing of the action, the proprietor of the trade mark shall, at the request of the defendant, produce evidence of use. In addition, the proprietor of an earlier trade mark who has knowingly acquiesced in the use of a later trade mark for a period of five consecutive years may no longer bring an action on the basis of that earlier trade mark to have a later identical or similar trade mark invalidated.

The claims the trade mark owner may raise are the same for all types of trade marks. In case of a trade mark violation, its owner may seek a judicial decision that the infringer refrain from acts by which the right is infringed or namely in particular endangered, and that the consequences of the endangering or infringement be removed. Trade mark dilution and cybersquatting can be considered as a trade mark infringement.

The parties of the proceedings are a plaintiff and a defendant. The plaintiff in can be the trade mark owner or licensee. Other person may not file a court action for trade mark infringement. A trade mark may be used as a basis of a court action as of its registration. A court action filed before the registration of a trade mark could be based on an unfair competition claim.

Czech legal system does not allow representative or collective actions for trade mark proceedings.

Issuing a formal demand letter is not required for filing a court action as such. However, a formal demand letter is required if the trade mark owner wishes to claim costs of the court proceedings. For this reason issuing a demand letter before filing a court action is recommendable.

Remedies available to the trade mark owner are identical for all kinds of trade marks.

Even use of a trade mark can be, in specific cases, considered as unfair completion. For this reason the trade mark owner should inform about a claimed trade mark abuse without bias.

There are no special provisions for trade mark lawsuits. The general prerequisites of a court action are that the court action shall be always directed at a specific person(s) and the claim of the action shall be specific. The court action shall state:

• the name of the court to which it is addressed;
• the parties to the proceedings, being the applicant and the defendant, including their legal representatives, if any;
• the name of the action, ie, what is being sued;
• a description of the relevant facts;
• identification of the evidence which the applicant proposes to adduce in support of those facts;
• what the applicant seeks in the case, ie, the decision it seeks from the court; and
• the date and signature.

The plaintiff may supplement pleadings with additional evidence until the end of the first court hearing. A defendant in a trade mark action can initiate a lawsuit in response.

The exclusive jurisdiction in trade mark matters has the City Court in Prague. The appellate Court is the High Court in Prague. Extraordinary appeal can be filed to Supreme Court of the Czech Republic, though filing of an extraordinary appeal has no suspensory effect. Costs before filing a law suit can involve a preliminary injunction, warning letter, evidence notarisation, purchase of evidence. The parties in trade mark litigation do not have to be represented by a lawyer, with the exception of filing of an extraordinary appeal to the Supreme Court.

The case law of the IPO is not binding for the court, though the conclusions of the IPO may be used as arguments in a court dispute.

A declaratory action can be filed only if there is an urgent legal interest to determine whether or not a legal relationship or right exists may be sought by an action. Theoretically, it cannot be completely ruled out that declaratory proceedings would be started by the defendant. However, a court action of this kind would be most probably rejected by the court as not fulfilling the prerequisite of urgent legal interest.

There are no specific procedures, remedies or statues specifically addressing counterfeit marks.

General provisions on civil litigation apply on trade mark litigation. The trade mark matters are decided by a jury of three judges. The parties cannot influence which judge will decide in the matter. 

If the trade mark has been registered for at least five years at the date of filing of the action, the proprietor of the trade mark shall, at the request of the defendant, produce evidence that during the five years preceding the date of filing of the action the trade mark has been duly used for the goods or services for which it is registered and on which the action is based, or evidence of the existence of proper grounds for non-use.

The proprietor of a trade mark shall have the exclusive right to use the trade mark in relation to the goods or services covered by the trade mark.

Third parties may not use, without the consent of the proprietor, in the course of trade:

• any sign identical to the trade mark for goods or services identical to those for which the trade mark is registered;
• any sign where, because of its identity or similarity to the trade mark and because of the identity or similarity of the goods or services covered by the trade mark, there exists a likelihood of confusion on the part of the public, including the likelihood of association between the sign and the trade mark; or
• any sign identical or similar to the trade mark, irrespective of whether the goods or services for which it is used are identical, similar or not similar to those for which the trade mark is registered, where the trade mark has a reputation in the Czech Republic and the use of the sign without due cause would take unfair advantage of, or be detrimental to, the distinctive character or the repute of the trade mark.

The court shall therefore consider the degree of distinctiveness of earlier mark, degree of similarity between signs and the similarity of the goods/services concerned.

All trade mark claims are based on the fact that the trade mark owner has the exclusive right to use the trade mark in relation to the goods or services covered by the trade mark. Third parties may not use, without consent, any sign identical to the trade mark for goods or services identical to those for which the trade mark is registered or any sign where, because of its identity or similarity to the trade mark and because of the identity or similarity of the goods or services covered by the trade mark, where there exists a likelihood of confusion on the part of the public.

It is easier to prove rights to a registered trade mark; the litigation process is therefore faster and cheaper.

The defendant in a trade mark dispute can claim earlier use of the trade mark, abandonment, use under a licence, bad faith of the trade mark owner or unfair competition conduct of the trade mark owner.

There are no disclosure or discovery proceedings. However, the trade mark owner may request the infringer to provide it with the information. Should the information fail to be volunteered within a reasonable time limit, the trade mark owner may claim such information by lodging an action with the court. 

The expert report and surveys are used as evidence. In some cases these evidence may play important role, however the court decision is based on all relevant evidence, ie, importance of an expert report/survey would depend on specific circumstances.

Trade mark infringement can be qualified as an administrative as well as a criminal office. Administrative proceedings concerning trade mark infringement involve customs proceedings as well as proceedings before the Czech Business Inspection, which as controlling bodies may seize goods infringing trade mark rights.

Violation of trade mark rights can be also qualified as a criminal act. Decision in criminal proceedings is issued by criminal courts. A prerequisite for a decision confirming criminal act of violation of trade mark rights is a criminal intent of the infringer. 

A court fee for filing a an action is approximately EUR70. For claims concerning damages between CZK20,000 and CZK40 million, a fee of 5% of the claimed amount is paid. It is not possible to state a "typical" costs of a court proceedings as the overall costs depend on the complexity of the matter as well as on the defendant’s activity. The amount of work may therefore vary from several hours to 100 hours or even more, namely in cases where the trade mark owner claims damages.

The trade mark owner may seek preliminary injunction. The plaintiff shall state a specific claim in the preliminary injunction application. The judge cannot choose a claim for the plaintiff. A preliminary injunction can be issued by the court if it is necessary to provisionally regulate the circumstances of the parties or if it is feared that the enforcement of the judgment will be jeopardised. The trade mark owner shall document imminent threat to its rights causing irreparable injury.

A preliminary injunction is an ex-parte proceeding, ie, the court decides about the preliminary injunction without informing the defendant. Only after a preliminary injunction is issued can the defendant appeal against it. The filing of the appeal has no suspensory effect on the preliminary injunction. The defendant may also ask the court to order the plaintiff to pay higher financial deposit as a preliminary injunction causes significant damage to the defendant. 

A trade mark owner is entitled to damages, to a surrender of the unjust enrichment the infringer acquired as a result of the endangering of or infringement upon a right, and to an appropriate compensation. An appropriate compensation may consist also in a pecuniary fulfilment. The judge has discretion only in relation to the appropriate compensation. In the case of the other remedies the plaintiff shall submit evidence proving the requested amount of remedies. The court may, upon a motion assess the damages, the amount of an unjust enrichment the infringer acquired as a result of the endangering of or infringement upon a right, and the appropriate compensation in a flat amount not less than double the licence fee the infringement thereupon.

The trade mark owner may seek permanent removal or destruction of products the manufacture or launch or storage of which resulted in endangering of or infringement upon a right.

The losing party is required to reimburse the prevailing party for attorneys’ fees and court fees. However, the amount of the awarded costs of litigation is limited by law and the amount of the awarded costs do not cover real costs of the proceedings. 

The trade mark owner may seek a preliminary injunction, which is issued in ex parte proceedings.

A prevailing defendant may seek reimbursement costs of the proceedings. The amount of the costs awarded to the defendant is limited by the law and does not reflect real costs spent by the defendant. In case a preliminary injunction has been ordered, the defendant may claim damages caused by the same.

There is a system of customs seizures, under which the customs may seize goods suspicious of infringing IP rights. Customs cannot seize goods originating from parallel imports. Violation of trade mark rights by parallel imports can be claimed by the trade mark owner before court.

Remedies are identical for all types of trade marks.

The parties of the court proceedings may settle anytime during the proceedings. There is no mandatory settlement, though the judge in the civil proceeding may order the parties to try to settle the matter via mediation. If the mediation is unsuccessful the court proceeding continues.

Alternative dispute resolution (ADR) is common for domain name disputes. ADR is carried out via an online platform. After the parties file their submissions, the ADR court decides the case within two to three months. For other trade mark related matters, ADR is not available.

The court may stay court proceedings concerning a claimed trade mark infringement if there is a pending proceeding concerning validity of the trade mark.

An appeal against the First Instance Court shall be filed within a time limit of 15 days as of the delivery of the judgment to the given party. An appellate proceeding can take approximately one to two years.

There are no special provisions concerning the appellate procedure for trade mark proceedings.

The appeal implies a full review of the facts. However, it is not possible to submit new evidence.

A trade mark can be protected by copyright.

The natural person whose personal rights, in particular, right to a name, right of personal portrayal, and right to protection of personal expressions, may be infringed on by the sign applied for can oppose trade mark application. The trade mark application can be opposed also by the person to whom the rights in the copyright work belong, if the copyrighted work may be affected by the use of the sign applied for.

If the use complies with the business usage and the principles of honest business conduct, the trade mark owner shall not be entitled to prohibit third parties from using, in the course of trade, the name and surname or address where the third party is a natural person.

It is not ruled out that a trade mark can be protected by industrial design laws. However, a trade mark cannot be registered a sign which consists exclusively of a shape or other characteristic which results from the nature of the product itself or is necessary to achieve a technical result or gives the product intrinsic utility. A trade mark could be registered as a design only if it fulfilled the above-stated condition and if it is a sign that can distinguish the goods or services of one undertaking from those of another.

There are no special rules for celebrities. The same rules are applied to all names, see 12.1 Copyright and Related Rights.

Violation of a trade mark may also imply unfair competition conduct.

The case law concerning use of trade marks as key words on the internet is not well settled and case law concerning this issue is quite unpredictable.

There are no special rules or situations of which readers should be aware with regard to trade marks on the internet.

There are no different rules concerning use of trade marks by business and by other trade mark owners.