Often yes. The Commercial Code treats the creation of a likelihood of confusion as unfair competition, including the use of a business name or of a distinctive designation of an undertaking already lawfully used by another competitor; registration of a trademark is not a precondition. You will, however, have to show that you used the sign earlier, that customers associate it with you, and that the competitor’s name or logo is apt to confuse them. Do not wait: if the competitor applies to register a similar sign as a trademark, you must also defend yourself in proceedings before the Industrial Property Office.
A company has traded for years under its name and logo, never applied for a trademark, and suddenly a competitor appears on the market with an almost identical name, similar colours or a confusingly similar logo. The absence of a registration does not mean you are without protection. Both Slovak and Czech law protect a sign that a competitor actually uses, through the rules on unfair competition. Registration of a trademark broadens that protection and makes it easier to prove; it is not a precondition of it.
Unfair competition protects an unregistered sign too
One of the statutory forms of unfair competition is the creation of a likelihood of confusion (Section 44(2)(c) of the Commercial Code). The Commercial Code defines it as follows:
The creation of a likelihood of confusion is: […] the use of a business name or of a distinctive designation of an undertaking already lawfully used by another competitor […]
— Section 47(1) of Act No. 513/1991 Coll. (unofficial English translation)
Unfair competition also covers the use of distinctive designations or get-up of products, services or business materials that are regarded in customer circles as characteristic of a particular undertaking, for instance the designation of packaging, forms, catalogues and advertising media (Section 47(1)(b)). This may extend to a logo, a colour scheme and a characteristic style of advertising, where customers genuinely associate them with your undertaking. Alongside this, the general clause must be satisfied: the conduct must occur in economic competition, conflict with good morals of competition and be apt to cause detriment to other competitors or to consumers (Section 44(1)). This is easier to establish against a competitor in the same field than against an undertaking in an entirely different sector. The Czech Civil Code (Act No. 89/2012 Sb.) contains almost identical rules in Section 2981.
What you will have to prove
- Priority. What is protected is a sign you are “already lawfully” using, so who began using it first is decisive. Gather invoices, price lists, contracts, archived versions of your website and dated advertising materials.
- Distinctive character. With a logo, colours or get-up of packaging, you must show that customers associate them with your undertaking. The length and extent of use, advertising spend and customer feedback all help.
- Likelihood of confusion. The Act speaks of a likelihood, that is, of the capacity to confuse customers. Actual instances of confusion, such as orders delivered by mistake or enquiries from customers, are nonetheless the most persuasive evidence.
Where the competitor uses a confusingly similar business name, you may also rely on protection of the business name under Section 12 of the Commercial Code. That includes a right to information on the origin and distribution of goods and, in the case of damage, sets its amount at no less than the royalty that would be usual under a licence agreement, where it cannot be determined otherwise (Section 12(1) and (3)).
What you can claim
Against the infringer you may seek an order to desist from the conduct and to remove the unlawful state of affairs, and claim appropriate satisfaction, which may also be in money, damages and surrender of unjust enrichment (Section 53 of the Commercial Code). Typically this means a change of name or logo, withdrawal of materials and financial compensation. Where damage is continuing, an interim measure may be sought before the decision on the merits.
Do not delay your reaction, or your registration
If the competitor applies to register a similar sign as a trademark, the user of an earlier unregistered sign of more than mere local significance may file opposition against registration (Section 7(f) of Act No. 506/2009 Coll.); the procedure and the time limit are described in the question on opposition against a trademark. After registration, an application to declare the trademark invalid remains available (Section 35(3)). Beware of inaction: a person who knowingly acquiesces in the use of a later trademark for five successive years may no longer seek a declaration of its invalidity for the goods and services for which it is used, unless the application was not filed in good faith (Section 35a(1)). The most reliable prevention is your own trademark registered before a dispute arises.
If a competitor is using a confusingly similar name or logo, document its conduct and your own use of the sign and send us the materials for assessment. Our unfair competition and protection of reputation service covers the route from a letter before action through an interim measure to a court action. If the competitor is also taking your texts or photographs alongside the name, see the article A competitor has copied your website.
This answer provides general information on the law as at 12 September 2026. It does not constitute legal services or replace an assessment of an individual case. The details of your situation may differ. Book a consultation to discuss them.
