English
Does having a registered trademark in Slovakia afford me any right?
It is mandatory to register a trademark in order to secure rights.
What is the web address of the trademark national office?
The trademark office of Slovakia is available online: http://www.indprop.gov.sk/
Is there any need to use my trademark before I apply for registration?
No. Intent to use or actual use of the mark is not necessary.
What are the grounds for a Trademark Application to be opposed?
Third parties can oppose the application on any of these grounds:
- Proprietary rights
- Breach of copyright
- Conflict with a well-known mark
- Mark was registered under a representative’s name
- Registered design rights
- Personal name rights
- Geographical indication
- Company name rights
- Prior use of an unregistered mark
Who can contest my trademark registration?
The owner of an earlier right and a licensee can initiate an opposition case.
Is it possible to cancel a registration?
Yes. These are the grounds for a registration to be cancelled:
- Proprietary rights
- Descriptive mark
- Non-distinctive mark
- Misleading/disparaging/deceptive mark
- Functional mark
- Breach of copyright
- Conflict with a notorious mark
- Use of protected flag, symbol and armorial bearing
- Conflict with a registered design
- Conflict with a famous personal name
- Generic mark
- Use of geographical indication
- Issues against moral principles or public order
- Conflict with a company name
Are there any rights established by having a registered trademark?
The following rights are obtained through registration:
- Exclusive right to use the mark
- Right to object to a later conflicting application
- Right to file a dispute against a later conflicting registration
- Right to file an infringement case against third parties that use a highly similar mark
- Right to obtain payment from third parties for infringing the mark
- Right to demand for the confiscation of counterfeit imported goods
How long is the opposition period?
- National registration – The opposition period will start on the publication date and will end three months after that date.
- International registration – The opposition period will start on the first day of the following month after the publication date, and will end three months after that date.
Is Slovakia a member of the Madrid System?
Yes. Slovakia is a party to the international treaties: Madrid Protocol and Madrid Agreement.
Do I need to present periodic statement of use?
No. Filings that would prove the use of the mark are unnecessary.
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