How to protect your brand and online store from Czech copycats

Mgr. Vojtěch Sucharda
Mgr. Vojtěch Sucharda
22.3.2026 | ARROWS law firm

The Czech e-commerce market is booming, but so is the threat of counterfeit goods, trademark infringement, and unauthorized sellers exploiting your brand reputation. In the last year alone, Czech authorities seized tens of thousands of counterfeit products, with major international brands among the most targeted. If you operate in the Czech Republic or sell to Czech customers, you need a concrete strategy to protect what you've built—not just legally, but also commercially.

An expert on e-commerce market

Understanding the scale of the problem in the Czech market

The Czech Trade Inspection Authority (CTIA) regularly reports significant counterfeiting activity, with particular pressure on textiles, luxury goods, and consumer electronics. But here's what often surprises business owners: the problem is not limited to obvious counterfeits sold on street markets.

Modern brand abuse happens online—on marketplaces, social media, and even through seemingly legitimate e-commerce platforms. Marketplaces like AliExpress or TEMU, for example, present challenges for Czech businesses regarding the manipulation of search results to redirect customers while creating associations with established brands. The practical reality is that brand protection in the Czech Republic is a complex, multi-layered challenge.

It requires understanding both Czech national law and EU regulations (specifically the Digital Services Act), monitoring multiple channels simultaneously, and knowing when to escalate to legal action. Many business owners assume that simply owning a trademark registration is enough—it isn't.

This is why companies dealing with international operations increasingly rely on specialized legal counsel rather than attempting to manage these issues alone. The legal landscape contains numerous exceptions, procedural requirements, and timing deadlines that directly affect how effectively you can defend your rights.

When you register a trademark in the Czech Republic, you acquire the right to prevent others from using an identical or confusingly similar sign for identical or similar goods or services. However, this protection only works if you actively enforce it.

Under the Czech Act No. 441/2003 Coll., on Trademarks, trademark ownership grants you the exclusive right to use the sign—but the responsibility for defending that right falls entirely on you. The Industrial Property Office (IPO), which maintains the Register, does not actively monitor the market for infringements on your behalf. Equally important is understanding the difference between national trademark protection and EU-wide protection.

If you want protection across all 27 EU member states, you need to register with the European Union Intellectual Property Office (EUIPO).

If you register your trademark only at the Czech Industrial Property Office, your protection strictly covers Czech territory. Many businesses operating internationally discover too late that they neglected to file in key markets, leaving themselves vulnerable to counterfeiters operating in neighboring countries with easy access to the Czech market.

The practical implication is that your trademark strategy must be deliberate and comprehensive from the start. Registering a trademark appears straightforward—and the administrative process typically takes around 4 to 7 months in the Czech Republic. Small mistakes in the application phase, such as defining your goods or services too narrowly or omitting important variations of your brand, can significantly weaken your enforcement position later.

1. If I register a trademark for "footwear" in Nice Class 25, am I protected against counterfeiters selling clothing with my brand?
Trademark protection is primarily limited to the specific goods and services listed in your registration. While there is some protection against similar goods if there is a likelihood of confusion, relying on this is risky. If your registration covers only footwear, protection for clothing is not automatic and requires a separate registration or legal argumentation regarding similarity.

2. Do I need to register my trademark in every EU country individually, or does one EUIPO registration cover everything?
One EUIPO registration provides uniform protection across all EU member states. However, if you operate outside the EU or want additional strategic protection in specific markets, you may also file national registrations through the Madrid Protocol (administered by WIPO), which ARROWS Law Firm regularly uses for clients with international operations.

3. What happens if someone registers a similar trademark after I do? Can they use it?
Under Czech and EU law, the IPO does not automatically reject similar applications based on prior rights—you must actively file an opposition during the three-month publication period following their application. If you miss this strict deadline, defending your rights becomes significantly more costly and complex, often requiring cancellation proceedings or litigation.

Identifying counterfeit products and unauthorized sellers

Identifying counterfeits and unauthorized sellers is far more complex in practice than most business owners realize. Online platforms host thousands of listings daily, and distinguishing between legitimate authorized resellers, gray market goods, and outright counterfeits requires specific knowledge.

ARROWS Law Firm regularly advises clients on brand protection strategies, and many describe initial shock at how difficult it is to spot systematic counterfeiting without professional monitoring systems. The first step is understanding what you're looking for. Counterfeit goods typically exhibit quality defects, incorrect packaging, misspelled branding, wrong materials, or serial number inconsistencies when compared to genuine products.

Gray market goods are authentic but problematic because they bypass your authorized distribution network. While parallel imports from within the European Economic Area (EEA) are generally legal due to the exhaustion of rights doctrine, imports from outside the EEA into the Czech Republic without your consent constitute trademark infringement.

Distinguishing these situations is critical, as the legal remedies differ. Online monitoring is increasingly necessary because e-commerce platforms and social media channels like Facebook and TikTok have become primary distribution channels for counterfeiters. The sheer volume of listings makes manual monitoring impossible.

This is why leading brands invest in automated brand protection software. However, implementing such systems and responding to detections requires significant expertise in navigating each platform's specific policies. You must be familiar with takedown procedures and the EU Digital Services Act (DSA) mechanisms to act effectively.

1. Should I buy suspected counterfeit products to gather evidence, or is this risky?
Test purchasing (buying suspected fakes to verify authenticity and gather evidence) is a standard enforcement technique. However, it must be done carefully to ensure the evidence is admissible in court. Documentation of the purchase flow, chain of custody, proper photographs, and expert analysis (affidavits) are critical. ARROWS Law Firm can advise on the proper protocol or arrange for test purchases through investigators.

2. If I find counterfeits on a marketplace, can I demand they be removed immediately?
Under the Digital Services Act (DSA), platforms must have mechanisms for "Notice and Action." Once you provide a substantiated notice of illegality (infringement), the platform must act "without undue delay" to remove the content to avoid liability. While "immediate" removal isn't guaranteed, the DSA imposes stricter obligations on platforms than previous regulations.

3. What if the seller claims the products are "homage" or "inspired by" my brand rather than direct copies?
This falls into the gray zone of trademark dilution, unfair competition, or parasitic referencing. Czech law protects against this under unfair competition provisions in the Civil Code (Act No. 89/2012 Coll.), specifically regarding misleading designation of goods or services or parasitic riding on a competitor's reputation. Proving this requires nuanced legal analysis.

Enforcement mechanisms: from cease and desist to court action

Once you've identified infringement, you face a critical decision: how to respond? Czech law provides multiple enforcement pathways, each with different costs, timelines, and strategic advantages. 

The most common first step is a cease and desist letter (předžalobní výzva). Under § 142a of the Czech Civil Procedure Code, sending this letter at least 7 days before filing a lawsuit is generally required if you want the court to award you reimbursement of legal costs.

A well-drafted cease and desist letter establishes that you attempted to resolve the matter amicably and warns the infringer of the consequences. The practical reality is that crafting an effective cease and desist letter requires precision.

It must identify the specific infringing conduct, reference your trademark registration numbers, cite the specific legal violations, demand cessation within a reasonable timeframe, and clearly state the demand for damages. The letter must be served properly to create documentary proof of delivery.

If the infringer ignores the letter, you can file a lawsuit. Czech courts are relatively efficient in IP matters, but litigation can be expensive. Court fees for non-monetary claims are fixed (typically CZK 2,000 to 5,000), but fees for monetary damages are calculated as 5% of the claimed amount.

However, there's a faster option available in urgent situations: a preliminary injunction (předběžné opatření). Czech courts must decide on preliminary injunctions for IP infringement within 7 days from filing (including weekends and holidays).

Provided a security deposit ( jistota ) is paid (usually CZK 10,000 for entrepreneurs), this speed is a significant advantage. The court decides ex parte (without hearing the defendant) based on the evidence you provide.

Because the defendant cannot defend themselves at this stage, the burden of proof on the applicant is high—you must demonstrate a likelihood of infringement and the necessity of urgent regulation.

Domain name disputes: a specialized enforcement challenge

Domain names occupy a unique legal position. A domain name is not automatically a trademark, but its use can infringe trademark rights or constitute unfair competition.

For .cz domains, you have a specialized out-of-court remedy called Alternative Dispute Resolution (ADR), administered by the Arbitration Court attached to the Czech Chamber of Commerce and the Agricultural Chamber of the Czech Republic.

This process is faster than court litigation, typically resolving within 2–4 months. The ADR process generally requires you to demonstrate that the domain is identical or confusingly similar to your trademark, the holder has no legitimate right, and the domain is used in bad faith.

However, ADR disputes involve procedural complexities. You must provide detailed evidence. If you're looking for specialists experienced in domain name protection, ARROWS Law Firm regularly handles these disputes and understands the specific nuances of the .cz Rules of Alternative Dispute Resolution.

Monitoring platforms: where counterfeiting actually happens

Understanding where counterfeiters operate is essential. In the Czech Republic, the problem spans physical retail shops, street markets, and increasingly online channels including e-commerce shops, global marketplaces, and social media.

Under the Digital Services Act (DSA), applicable across the EU, all online intermediaries have standardized obligations. They must provide user-friendly mechanisms to report illegal content ("Notice and Action") and must verify the identity of third-party sellers on their platforms ("Know Your Business Customer"). This helps in identifying the actual entities behind anonymous listings.

Despite these regulations, practical enforcement varies. Amazon has robust tools like Brand Registry, while other platforms may be slower.´ARROWS Law Firm can coordinate brand protection strategies that combine internal monitoring with platform-specific enforcement mechanisms mandated by the DSA.

Risks and sanctions

How ARROWS helps (office@arws.cz)

Loss of market share and brand value: Counterfeit products undercut pricing and damage reputation.

Brand protection strategy: We develop comprehensive strategies and coordinate ongoing monitoring across relevant platforms.

Costly litigation: Without proper evidence, lawsuits face unpredictable timelines and risks.

Professional enforcement: We draft strategic pre-litigation letters (předžalobní výzvy) and provide full court representation, including rapid preliminary injunctions.

Missed filing deadlines: Failing to oppose trademarks within the 3-month window loses you leverage.

Trademark portfolio management : We manage registrations and monitor new filings to identify conflicts early.

Cybersquatting: Bad faith domain registration prevents you from using your brand online.

Domain dispute resolution: We represent clients in ADR proceedings for .cz domains and coordinate WIPO UDRP actions for generic domains (.com, .net).

Regulatory fines: Selling unauthorized/counterfeit goods can lead to inspections and fines.

Regulatory representation: We represent clients in proceedings with the Czech Trade Inspection Authority (CTIA) and customs administration.

Online marketplaces and the Digital Services Act

Obtaining effective enforcement cooperation from online marketplaces is critical. The Digital Services Act (DSA), fully effective since 2024, has harmonized the rules.

Marketplaces can no longer ignore substantiated reports of illegal content without risking their own liability. The practical challenge is that while the law is clear, the internal processes of marketplaces can still be bureaucratic. Some require specific forms of evidence or proof of identity.

Furthermore, distinguishing between trademark infringement and authorized parallel imports (gray market) remains a nuance that automated platform bots often misunderstand.

1. Can I directly sue an online marketplace for selling counterfeit products?
Generally, platforms are considered intermediaries and are not liable for user content unless they are aware of it and fail to remove it (the "safe harbor" principle). However, under the DSA, if a platform fails to act on a valid notice or presents the product in a way that leads an average consumer to believe the product is sold by the platform itself, they may lose this immunity.

2. If a seller has 50 listings of counterfeit products, do I report each one?
Under the DSA, platforms must accept "Trusted Flagger" notices (from certified entities) with priority. Even as a standard user, batch reporting is often available. Efficient reporting requires adhering to the specific platform's API or reporting tools.

3. What if the platform ignores me?
If a platform systematically ignores valid notices, you can file a complaint with the Digital Services Coordinator (in the CZ, the Czech Telecommunication Office) or pursue litigation for an injunction against the intermediary to force the block.

The Czech Trade Inspection Authority and administrative enforcement

Parallel to civil enforcement, you can work with the Czech Trade Inspection Authority (CTIA / ČOI). The CTIA conducts market surveillance and can seize counterfeit products and impose fines.

Fines for breaching the prohibition on selling counterfeit goods can be significant—up to CZK 5,000,000 under the Consumer Protection Act, though actual fines depend on the severity and scale. The CTIA does not require a formal complaint to act, but a well-documented submission increases the likelihood of an inspection.

Note that the CTIA process is administrative (public law)—it punishes the offender but does not award you damages.¨For financial compensation, you must still file a civil lawsuit.

Understanding unfair competition law

Czech unfair competition law (§ 2976–2990 of the Civil Code) is a powerful alternative tool. It protects against misleading advertising, free-riding on reputation, and likelihood of confusion, even if you do not have a registered trademark (though registration is always preferred).

The advantage of unfair competition law is its flexibility. It catches behavior that technical trademark law might miss, such as a competitor using your brand name in metadata or "parasitic" packaging that mimics your look and feel without using your exact logo.

Consumer protection law and fake reviews

The amendment to the Consumer Protection Act (No. 634/1992 Coll.), implementing the EU Omnibus Directive, explicitly prohibits publishing fake reviews or distorting consumer reviews.

Violations can be penalized with fines up to 4% of the seller's annual turnover or up to CZK 5,000,000 if turnover cannot be determined.

For brand owners, this means monitoring not just product listings but also the reviews attached to them. Competitors or counterfeiters using fake reviews to boost their ranking or disparage your genuine products are violating the law, providing another avenue for enforcement action through the CTIA.

Executive summary for management

  • Brand protection requires active enforcement: Trademark registration is only the first step. You must monitor and enforce.
  • Complexity creates risk: Procedural deadlines (3 months for opposition, 7 days for preliminary injunctions) are strict. Professional counsel minimizes the risk of forfeiture.
  • DSA provides new tools: The Digital Services Act mandates platform cooperation, but you must know how to utilize "Notice and Action" mechanisms effectively.
  • International scope : Use EUIPO for EU-wide cover and Madrid Protocol for global reach.
  • Regulatory compliance: Be aware of consumer protection laws regarding reviews and unfair commercial practices.

Conclusion

Protecting your brand in the Czech Republic involves continuous monitoring, rapid response, and navigating a mix of Czech Civil Code, Trademark Act, and EU regulations like the DSA.

ARROWS Law Firm has extensive experience helping companies protect their brands in this market. We combine deep knowledge of local law with an understanding of international business needs.

Whether you are dealing with counterfeits, domain disputes, or need a proactive strategy, contact us at office@arws.cz.

1. If I find counterfeit products being sold on a Czech marketplace, what's the first step?
Document everything (screenshots, URLs). Then, decide whether to use the platform's reporting tool, send a cease and desist letter, or contact the CTIA. For advice on the most strategic first move, contact ARROWS Law Firm.

2. Does trademark registration in the EU protect me in the Czech Republic?
Yes, an EUIPO registration covers the Czech Republic. However, national registrations can be strategically useful for specific national enforcement or cost reasons if you only trade in CZ.

3. How long does it take to obtain a preliminary injunction?
In IP cases, the court must decide within 7 days of filing the motion. This requires a robust, evidence-backed application.

4. What is the difference between counterfeits and gray market goods?
Counterfeits are fakes. Gray market goods are genuine products sold without authorization. Counterfeits infringe trademark law. Gray market goods entering from outside the EEA infringe trademark law; those from within the EEA usually do not (due to exhaustion of rights), unless legitimate reasons exist (e.g., damage to brand image).

5. Can I sue a marketplace directly?
Under the DSA, marketplaces have liability exemptions if they act quickly to remove illegal content upon notice. If they fail to do so, or if they act as an active seller, they may be liable.

6. What happens to seized products?
They are typically destroyed at the offender's expense or, in rare cases, used for humanitarian aid (with branding removed). You do not get the products, nor automatic financial compensation from the seizure itself—that requires a separate claim.

Disclaimer: The information contained in this article is for general informational purposes only and serves as a basic guide to the issue as of 2026. Although we strive for maximum accuracy, laws and their interpretation evolve over time. We are ARROWS Law Firm, a member of the Czech Bar Association (our supervisory authority), and for the maximum security of our clients, we are insured for professional liability with a limit of CZK 400,000,000. To verify the current wording of the regulations and their application to your specific situation, it is necessary to contact ARROWS Law Firm directly (office@arws.cz). We are not liable for any damages arising from the independent use of the information in this article without prior individual legal consultation.

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