Czech RepublicMedia, Telecoms, IT, Entertainment
The Czech Trademark Act requires owners of trademarks registered in the Czech Republic to use their trademark, or otherwise the trademarks become vulnerable to cancellation on the ground of non-use. Under the terms of Article 25, par. 1) b. of the currently valid Act, any third party, or for that matter, the Office of Industrial Property itself, may initiate a cancellation action if a trademark has not been used in the Czech Republic for at least five years before institution of a proceeding for its cancellation. The owner of the trademark must then prove use in earnest during the five year period preceding the first notice of the cancellation action or, in the alternative, he must properly explain his failure to use the trademark. The Act additionally states that the use of a trademark by a third party by agreement shall be considered proper use.
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