Business and tax

How do you register a trademark?

Huquqchi legal team

The right to use a trademark comes from its registration. You file an application with the authorised body and pay the patent duty. The body then examines the mark by the classes of goods and services you chose. Unlawful use of another person's mark brings a fine.

Why registration matters

Under article 33 of the Law on Guarantees of Freedom of Business Activity, the right to use a trademark is granted on the basis of its registration. The exclusive right to use the mark belongs to its owner. The mark can be registered in the name of a legal entity or of an individual entrepreneur. Without registration a name is much harder to protect.

The stages

1) A preliminary check for similar marks. 2) Filing the application and paying the patent duty. 3) The state examination. 4) Registration.

Classes

A mark is registered by classes of goods and services. Under article 23 of the Law on State Duty, if the duty is not paid in full, the examination covers the classes of the International Classification of Goods and Services that you chose. Choose only the classes you actually work in.

Protection

Under article 177 of the Code on Administrative Liability, unlawful use of another person's trademark, or of a mark similar to it to the point of confusion, brings a fine of fifteen to thirty base calculation amounts (BHM), with confiscation of the objects of the offence.

Advice

Run the check before you spend money on the brand. Changing the name later destroys the investment in advertising and packaging.

Legal sources

Legal basisLaw on Guarantees of Freedom of Business Activity, article 33 Legal basisLaw on State Duty, article 23 Legal basisCode on Administrative Liability, article 177

This article gives legal information, not legal advice. For your own situation, consult a qualified lawyer.