Protecting dietary supplement brands Czech trademark registration and proof of use

Mgr. Dita Zbožínková, LL.M.
Mgr. Dita Zbožínková, LL.M.
20.3.2026 | ARROWS law firm

In this article, you will learn how to properly protect the brand and packaging design of your dietary supplement through trademark registration under Czech law, and how to archive evidence of its use. By reading on, we will explain why registration is not always sufficient, what risks arise from incorrect labelling, and how to avoid fines or the loss of rights to your brand in the Czech Republic.

The illustrative image depicts a lawyer discussing the protection of a trademark.

Quick summary

  • A trademark protects your brand, logo, product name, or packaging design for 10 years, with the option of repeated renewals. Without registration, your rights are limited and it is harder to defend yourself against unfair competition under Czech law.
  • However, registration is not everything—you must actually use the mark in the course of trade. If you do not use it for 5 years, you risk cancellation for non-use and losing your investment.
  • Dietary supplements are subject to a specific regime in the Czech Republic—the packaging must contain specific mandatory information under the Czech Food Act and implementing decrees. Non-compliance may result in fines of up to CZK 50 million and the blocking of websites by SZPI (the Czech Agriculture and Food Inspection Authority).
  • In practice, we often see that brand owners know they should register their mark, but then cannot prove its use. In disputes with competitors, this is a fatal mistake.

What a trademark is and what can be protected

A trademark is a legal tool that gives you the exclusive right to use certain distinctive signs for your goods or services. At first glance, it may seem like a simple concept—register your brand and it is protected. The reality is more complex. It is not only about the name. A trademark can consist of various elements that are characteristic of your product and distinguish it from competitors.

Which elements can be protected

A trademark may be any sign, in particular words, including personal names, colours, designs, letters, numerals, the shape of goods or their packaging, or sounds. However, it must be capable of distinguishing the goods or services of one person from those of another.

In the context of dietary supplements, the most commonly protected elements are the product name (for example, “ImunitaPlus”), the brand logo, the packaging design, or a distinctive colour combination. Some companies also protect a specific bottle or box shape (a 3D mark), provided it is sufficiently original.

Interestingly, different elements can be combined on packaging. For example, an image with text creates a so-called combined trademark. This gives you greater flexibility—you can use the logo in different variations while the core protected element remains. This flexibility is particularly important for supplement packaging, where the design changes across individual products within a range.

Trademark registration in practice

Trademark registration in the Czech Republic is handled by the Industrial Property Office (ÚPV). If you need protection across all EU countries, it is more efficient to register a European Union Trade Mark with the European Union Intellectual Property Office (EUIPO). Registration is not automatic—the office carries out a formal examination and a substantive examination of registrability.

It is important to note that in the Czech system (and similarly at EUIPO), the office does not, of its own motion, examine conflicts with earlier registered marks. The office only publishes the application, and it is up to owners of earlier rights to monitor their marks and file oppositions in time.

A trademark is valid for ten years from the filing date. Every ten years, you can renew it for a fee, and the number of renewals is not limited. So once you register your brand, you can in principle protect it indefinitely—provided you continue to use it and pay the renewal fees.

Related questions on the definition and types of trademarks

1. Can I protect only the product name without the logo?
Yes, elements can be protected separately. Words are registered as a word mark, logos as figurative or combined marks. It often makes sense to protect both for maximum legal certainty under Czech legislation.

2. How long does it take for a trademark to be registered?
Typically, the process takes several months (usually 4–6 months in the Czech Republic) if no oppositions are filed. At EUIPO, the process may be faster under the Fast Track procedure if there are no complications.

3. How much does trademark registration cost?
The cost varies depending on the territory and the number of classes of goods/services. The official fee in the Czech Republic starts at CZK 5,000 (for 3 classes), while at EUIPO the basic fee is EUR 850 (for 1 class). Legal representation costs must also be added.

Brand registration vs. proof of use

This is where theory meets practice. Many dietary supplement brand owners believe that once they register a brand, they are automatically protected against everything. That is not entirely accurate. Registration gives you rights, but also obligations—and one of the key obligations is to genuinely use the mark for the registered goods and services.

The path to trademark registration

Filing a trademark application starts with completing a form (the application) with the relevant office. You must provide basic information: details of the applicant, a representation of the mark, and a list of the goods and services for which you want protection. Nowadays, everything is filed electronically. The system guides you through the individual steps and generates a confirmation showing the date and time of filing.

Once the application is filed, the office carries out a formal examination. If everything is in order, it proceeds to the substantive examination. If the application passes, it is published in the Official Bulletin. From publication, a three-month period runs during which owners of earlier rights may file oppositions. If no one files an opposition, the office registers the mark in the register.

In practice, many risks are hidden here. For example, you may think your brand is original, but a similar one already exists in the register (“ImunitaPlus” vs. “ImunaPlus”). Or the list of goods and services may be drafted incorrectly, which will limit your protection in the future. ARROWS advokátní kancelář routinely handles these searches and classifications to avoid unnecessary refusals or disputes.

Proof of use—why it matters

We now come to the part many entrepreneurs overlook. Owning a trademark comes with an obligation to use it properly (“use it or lose it”). If you do not use the mark for 5 years from registration (or you stop using it for 5 years), anyone may file an application to cancel your mark for non-use under Czech law.

What does this mean in practice? Imagine you register a brand for a dietary supplement, but you only launch it on the market after 6 years, or you use it in a completely different form than the one registered. A competitor can file for cancellation and you will lose the brand. Without solid evidence of use, you will not be able to defend yourself.

A trade mark must be used in the course of trade, meaning on products, their packaging, in advertising, or in business documents. The most persuasive evidence includes invoices, delivery notes, and purchase orders. The key point is that these documents must clearly show that they relate to a specific product bearing the trade mark, not merely a generic description of goods.

You should also archive product photographs, catalogues, dated website screenshots, marketing materials—anything that proves your brand is genuinely present on the market. It is important that the materials are dated and clearly demonstrate the scope of use.

Related questions on registration and evidence

1. What happens if I do not use the brand for 5 years?
After this period (the so-called grace period), anyone may file an application to revoke the trade mark for non-use. If you cannot prove genuine use, the authority will revoke the trade mark and you will lose it.

2. Are website photos sufficient as evidence of use?
Photos alone are often not enough; you must prove the extent and duration of use (e.g., together with website traffic data, e-shop turnover). It is important that the materials are dated.

3. Can I use the brand in a slightly different form?
Yes, Czech trade mark law allows use in a form that differs only in elements that do not alter the distinctive character. For example, a minor logo refresh (font, colour shade) is usually acceptable, but a substantial design change requires a new registration.

Specifics of protecting a dietary supplement brand

When dealing with the protection of a dietary supplement brand, we must not forget a fundamental fact: from a legal perspective in the Czech Republic, a dietary supplement is classified as a foodstuff, not a medicinal product. It has a specific regulatory regime, which also affects brand and packaging protection. It is not only about making the packaging visually attractive—it must meet strict legal requirements.

Labelling and mandatory elements on the packaging

The packaging of a dietary supplement must contain information required by law. The most important is the clear designation “dietary supplement”. It must also state the names of the nutrient categories, the recommended daily dosage, the warning “Not intended as a substitute for a varied diet”, and other mandatory warnings.

This means that when you register a brand and packaging design, you must not forget that all these mandatory elements must be incorporated into the graphics. The packaging design is therefore not entirely free, but must comply with the regulations.

Key point: The information that the product is a dietary supplement must be presented in a way that prevents confusion with medicinal products. If you omit it, or use unauthorised medicinal claims (that the product “treats”, “heals”), you risk a significant fine from the State Agricultural and Food Inspection Authority (SZPI) in the Czech Republic.

Legal requirements and risks

Here, trade mark protection intersects with public-law compliance obligations. Trade mark registration is private-law protection. The second step is to ensure that the product can be lawfully placed on the market in the Czech Republic. The manufacturer or importer is required to carry out a notification to the Ministry of Agriculture before the dietary supplement is first placed on the market.

If the label text contains prohibited health claims or does not meet the requirements of the applicable regulations, you expose yourself to the risk of sanctions. SZPI may impose a fine and, in the event of a serious breach, has the authority to order the blocking of websites.

ARROWS attorneys handle food law and intellectual property matters comprehensively. They can help you ensure that your brand is protected, while also ensuring that the packaging and the entire product comply with the applicable regulations, so you avoid sanctions from supervisory authorities in the Czech Republic.

Related questions on dietary supplement specifics

1. Do I have to notify the dietary supplement before registering the brand?
Notification and trade mark registration are two independent processes. Notification to the Ministry of Agriculture is mandatory before the product is first placed on the market. Trade mark registration should be addressed as early as possible, ideally before launch.

2. What happens if the packaging does not state “dietary supplement”?
This is misleading to consumers and a breach of the relevant decree. You may receive a fine from SZPI; the inspection authority may order the product to be withdrawn from the market and the labels to be replaced.

3. Can I state on the packaging that the product is “safe” or a “natural medicine”?
Be careful—claims of medicinal effects are prohibited for foodstuffs (including dietary supplements). Wording implying treatment is not permitted. Health claims (e.g., “vitamin C contributes to...”) may be used only in accordance with the EU’s approved list.

Practical steps to protect your brand

Let’s move on to specific steps you should take to avoid problems. This is not theory, but a practical plan (roadmap).

Planning a protection strategy

The first step is an audit of intangible assets. Do you want to protect the product name? The logo? The packaging design? Or a combination? The best approach is often layered protection—a word mark (name), a figurative mark (logo), and possibly a combined mark. This gives you maximum flexibility.

Next, it is essential to conduct a search in trade mark registers. This will show whether your brand, or a similar designation, is already registered for identical or similar products. The registers of the Czech Industrial Property Office (ÚPV) and EUIPO are publicly available, but if a conflict exists, you should consider rebranding or a coexistence strategy.

The third step is choosing the territory. Only the Czech Republic? Then a national registration is sufficient. The entire EU? Then choose registration with EUIPO. If you also target markets outside the EU (e.g., the USA, Switzerland), use the international system administered by WIPO (the Madrid Protocol).

Archiving evidence of use

From the moment of registration (or from market launch), you must systematically archive evidence. We recommend creating a “legal file” for each brand. The following points summarise what to keep.

Invoices and accounting documents. The key is that the product name on the invoice matches the trade mark, not just a code designation or a generic name. For example, “Imunitol Plus 100 tbl”, not merely “dietary supplement”.

Photographs and visuals. Keep high-resolution photos of the packaging, photos of products “on the shelf”, at a trade fair, or in a warehouse.

Marketing materials. Catalogues, leaflets, newsletters, PPC campaigns where the brand is visible. It is important to always be able to assign the date when the campaign ran.

Websites and e-shops. Continuously archive screenshots of the website and e-shop. Web archiving services can also be used, but your own backup with a timestamp is more reliable.

Keep this documentation systematically, at least for the last 5 years. In a dispute over revocation of a trade mark for non-use, the burden of proof lies with you. 

ARROWS, a Prague-based law firm, can help you set up internal processes so that archiving is automatic and legally robust under Czech trade mark practice.

Related questions on practical steps

1. Do I have to archive everything personally?
It is advisable to have a system. You can delegate to the marketing department, but with clear instructions from a lawyer on exactly what must be retained.

2. How long should I keep documents?
For trade mark purposes, the critical period is the last 5 years. For tax and accounting purposes, different (often longer) retention periods apply under Czech legislation.

3. Is an email signature evidence?
If it contains a logo and an offer of specific goods as part of business communications, it can serve as one of the supporting pieces of evidence of use in the course of trade.

What happens when you neglect protection

What happens if you underestimate trademark protection? Or if you register it but do not use it? The answer is: loss of an asset and the risk of penalties.

Risks and penalties

How ARROWS can help (office@arws.cz)

Cancellation of a trademark for non-use: A competitor may file a petition to cancel your mark if you do not use it for 5 years. You will lose the trademark.

Representation in proceedings: Our attorneys in Prague will represent you in proceedings before the relevant office (ÚPV/EUIPO).

Breach of regulatory requirements (SZPI): If the packaging does not contain mandatory information or includes prohibited medicinal claims, you may face a fine and a sales ban in the Czech Republic.

Compliance and packaging review: Our specialists will review your labels and copy for compliance with Czech food law.

E-shop blocking: SZPI has the authority to order the blocking of websites offering unsafe foods or foods in serious breach of Czech and EU law.

Legal defence and prevention: We will help set up your website and terms and conditions so that blocking does not occur.

Dispute with competitors (passing off/unfair advantage): If you do not have a registration, a competitor may start using a similar designation. Defending yourself is then more difficult.

Enforcement: With a registered trademark, we can effectively send cease-and-desist letters and file lawsuits in Czech courts.

Common mistakes and how to avoid them

From our experience, dietary supplement owners make several typical mistakes. Here are the most common ones.

Incorrect labelling and prohibited claims

The most common mistake is the use of so-called medicinal claims. Czech food law strictly prohibits attributing to foods (including supplements) properties of preventing, treating, or curing human diseases. Statements such as “Cures the flu” or “Stops inflammation” are not permitted.

Another mistake is the absence of mandatory warnings (e.g., “Not intended for children under 3 years of age” – if relevant, or “Keep out of reach of children”). These errors are always identified during an SZPI inspection. We therefore recommend having your label reviewed by a specialist before printing.

Insufficient evidence of use

Businesses often rely on the fact that “everyone knows” they use the trademark. However, in administrative proceedings before the office, only what is documented in writing and dated counts. If a petition for cancellation of the trademark is filed, the office will set a deadline for you to submit evidence.

A systemic issue is also the absence of licence agreements. If the trademark is owned by an individual (the owner) but is in fact used by their Czech limited liability company (s.r.o.), there must be a licence agreement or consent to use. Otherwise, a situation may arise where the trademark owner is formally not using the mark, and the s.r.o. is using it without legal title.

Related questions about these mistakes

1. What penalty can I receive for incorrect labelling?
The fine depends on the severity; for dietary supplements in the Czech Republic it commonly ranges from tens to hundreds of thousands of CZK, with the maximum amount up to CZK 50 million.

2. Can I check myself whether my packaging is compliant?
The legislation is complex and fragmented across many Czech and EU regulations. A lay review often misses nuances (e.g., font size, the exact wording of claims). A professional review provides certainty.

3. What if I have already paid for printing packaging with an error?
If the error is material, the packaging cannot be used. Sometimes the situation can be addressed by applying additional stickers (over-labelling), but this does not look aesthetic. Prevention is cheaper.

International trademark protection

If you export dietary supplements, a Czech national trademark will not help you abroad. Trademark rights are territorial.

EU registration vs. national registration

Registration of a European Union Trade Mark (EUTM) is the most advantageous option for most e-shops and manufacturers. With a single filing, you obtain protection in all 27 EU Member States. It is more cost-effective than registering the trademark in each country separately.

However, be aware of the risk: an EUTM follows an “all or nothing” principle. If someone has an earlier identical mark even only in Portugal, they can block your registration for the entire EU. That is why a preliminary clearance search is essential.

Protection abroad outside the EU

For exports outside the EU (the United Kingdom, the USA, Asia), it is ideal to use the international registration system under the Madrid Agreement and Protocol (via WIPO). Based on one “basic” application (e.g., Czech or EU), you designate additional countries where you want protection. You save on fees for local representatives in each country.

ARROWS International has experience coordinating intellectual property protection globally and will help you choose a strategy that matches your export plans.

Risks and penalties

How ARROWS can help (office@arws.cz)

“Trademark trolling” abroad: Speculators register the trademarks of successful companies in markets the companies are only preparing to enter.

Monitoring and early registration: We will help you register your trademark in advance of market entry and monitor the registers.

Different regulations: What is permitted in the Czech Republic may be prohibited in Germany or the USA (e.g., supplement composition, claims).

Legal advice for international markets: Through our network of partners, we will ensure compliance is verified in the target country.

Protecting the trademark and packaging of a dietary supplement is not just an administrative task. It is a key part of your company’s value. Trademark registration gives you strong rights, but you must actively maintain them (through use) and enforce them (by filing oppositions against competitors). At the same time, you must ensure your products comply with strict food regulations under Czech and EU legislation.

The Czech legal team at ARROWS, a Prague-based law firm, combines expertise in intellectual property law with in-depth knowledge of food law. We can guide you through the process from clearance searches and trademark registration, through packaging review and notification, to setting up evidence archiving and representation in disputes.

If you want to genuinely protect your brand and avoid problems, contact ARROWS advokátní kancelář at office@arws.cz. We are ready to help you build a robust, watertight strategy.

Most common legal questions on protecting the trademark and packaging of a dietary supplement

1. How much does it cost to register a dietary supplement trademark?
The price consists of official fees and the attorney’s fee. The official fee in the Czech Republic is CZK 5,000 (up to 3 classes); for an EU trademark it is EUR 850 (1 class). Total costs depend on the scope of the clearance search and the complexity of the application. For a specific quote, email us at office@arws.cz.

2. Do I have to notify a dietary supplement before I register the trademark?
Notification (placing on the market notice) to the Ministry of Agriculture is mandatory no later than at the first placing on the market in the Czech Republic. Trademark registration is not tied to this and can (and should) be done earlier, so that you have the name protected already at the moment you launch sales.

3. What if a competitor registers a trademark that is very similar to mine?
You have the option to file an opposition to the registration of their mark within 3 months from the publication of their application. If you missed the deadline and the mark has already been registered, you can file an application to have the mark declared invalid. It is important to act quickly. The attorneys at ARROWS can assist you with monitoring and filing an opposition.

4. How many years do I need to archive evidence of trademark use?
For trademark purposes, the relevant period is the past 5 years counted back from the date on which the use is challenged. We recommend archiving on an ongoing basis and discarding materials older than 5 years only with caution (they may be useful to prove good faith or general recognition).

5. What claims can I use on the packaging of a food supplement?
Only those that comply with Regulation (EC) No 1924/2006. Medicinal claims are completely prohibited. Health claims are permitted only if approved. If you are unsure, have the texts reviewed by a lawyer—penalties for mistakes are high.

6. What if the inspection finds errors in the labelling on my packaging?
SZPI (the Czech Agriculture and Food Inspection Authority) will initiate administrative proceedings under Czech law. It may impose a fine, order the withdrawal of products from the market until remedied (e.g., relabelling), or in extreme cases (dangerous food) order destruction or block a website. Prevention is always better—contact us at office@arws.cz.

Notice: The information contained in this article is of a general informational nature only and is intended to provide basic guidance based on the legal situation as of 2026 in the Czech Republic. Although we take the utmost care to ensure accuracy, legal regulations and their interpretation evolve over time. We are ARROWS advokátní kancelář, an entity registered with the Czech Bar Association (our supervisory authority), and for maximum client protection we are insured for professional liability with a limit of CZK 400,000,000. To verify the current wording of regulations and their application to your specific situation, it is necessary to contact ARROWS advokátní kancelář directly (office@arws.cz). We accept no liability for any damages arising from the independent use of the information in this article without prior individual legal consultation.

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