11 Trade marks which are excluded from registration relating to Article 7 (1) (h) and (i) CTMR Šárka Jáchimová & Simona Macková Alicante May 21 – 22, 2012 INDUSTRIAL PROPERTY OFFICE OF THE CZECH REPUBLIC

22 Legislation Czech Act on Trademarks (No 441/2003 Coll.) § 4 i) is equivalent to Article 7 (1) (h) CTMR – exclusion under Article 6ter of the Paris Convention and § 4 j) is equivalent to Article 7 (1) (i) CTMR – exclusion of badges, emblems or escutcheons other than those covered by Article 6 ter of the Paris Convention and which are of particular public interest The above exclusions are also examined on the basis of the observations by third parties under § 24. INDUSTRIAL PROPERTY OFFICE OF THE CZECH REPUBLIC

33 Legislation Section 4 (i) (Article 7 (1) (h) CTMR) under Article 6ter of the Paris convention are excluded from registration all signs which constitute or contain armorial bearings, flags and other State emblems, of the countries of the Union, official signs and hallmarks indicating control and warranty adopted by them, and any imitation from a heraldic point of view exclusion can be overcome by the presentation of the consent of the competent authority to the registration Article 6ter is not applied to proceedings before the Office in relation to the Czech signs and symbols of national sovereignty – protection is provided by national legislation INDUSTRIAL PROPERTY OFFICE OF THE CZECH REPUBLIC

44 Specific examples of registered trade marks O Verbal elements are sufficiently specific, referring to a specific international cultural event, to avoid association with the European official structures. O Verbal elements certainly refer to the applicant (conformity with the company), the circular of stars is proportionaly different from a protected symbol. INDUSTRIAL PROPERTY OFFICE OF THE CZECH REPUBLIC

55 Specific examples of registered trade marks O , O Red colour is different from colour of protected symbol, the circle is not complete, not cause the association with international organization. INDUSTRIAL PROPERTY OFFICE OF THE CZECH REPUBLIC

66 Specific examples of not registered trade marks O the flag of European Union and a stylization of the Turkish national flag O the Swedish national flag INDUSTRIAL PROPERTY OFFICE OF THE CZECH REPUBLIC

77 Specific examples of not registered trade marks O , O protected EU symbol or very close to it - potential connection between the word elements and the official European structures INDUSTRIAL PROPERTY OFFICE OF THE CZECH REPUBLIC

88 Specific examples of not registered trade marks O possible association with the official European structures O protected EU symbol INDUSTRIAL PROPERTY OFFICE OF THE CZECH REPUBLIC

99 Specific examples of not registered trade marks O variations of national flags INDUSTRIAL PROPERTY OFFICE OF THE CZECH REPUBLIC

10 Legislation Section 4 (j) (Article 7 (1) (i) CTMR) badges, emblems or escutcheons other than those covered by Article 6 ter of the Paris Convention it is necessary to examine the fact whether society has its particular public interest in a certain sign protection exclusion can be overcome by the presentation of the consent of the competent authority to the registration within the research it is important to enforce the identical aspects as in case of exclusions according to the Article 6 ter INDUSTRIAL PROPERTY OFFICE OF THE CZECH REPUBLIC

11 Specific example of registered trade mark O opposed escutcheon of the city Český Brod - some elements of a sign and escutcheon are identical, but the conceptual similarity of them is significantly different INDUSTRIAL PROPERTY OFFICE OF THE CZECH REPUBLIC

12 Specific example of not registered trade mark O Badge of a Czech city - Cheb INDUSTRIAL PROPERTY OFFICE OF THE CZECH REPUBLIC

13 Thank you for your attention! Šárka Jáchimová & Simona Macková INDUSTRIAL PROPERTY OFFICE OF THE CZECH REPUBLIC