5.1 Declaration of invalidity and revocation
5.1.1 Differences between invalidity and revocation
Under Czech law, trademark rights can be withdrawn due to cancellation (Sec. 31 Trademark Act) or declaration of invalidity (Sec. 32 Trademark Act). The main difference is that a declaration of invalidity has retroactive effect and the trademark is considered as never having been registered (ex tunc) whereas revocation has effect as to validity of the decision (exnunc). Proceedings can be initiated ex-officio without application by an interested party.
