Trademark Search in Slovakia

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Frequently Asked Questions
Is there a time frame for filing for a trademark registration?

Applicants will need 7 months to complete the procedure from filing of application to issuance of registration. More time is needed if there are obstacles to the registration.

If I register my trademark in Slovakia, do I have protection in other territories?

No. The limit of protection is only within the territory of Slovakia.

Do I need to sign a Power of Attorney?

Yes. It is required to complete the application.

Are there any benefits from a pre-filing use of the trademark?

Yes. Pre-filing use of the trademark helps the applicant establish the mark’s distinctiveness and use it to overcome disputes based on non-distinctiveness.

Will there be problems in case I don’t use my trademark after registration?

Yes. Not using a registered mark makes it prone to the revocation of registration.

What are the types of trademark that can be registered in Slovakia?

Marks that can be recreated graphically or signs that can add a distinctive quality to the good or service can be accepted for registration. 

  • Word
  • Name
  • Color
  • Slogan
  • Device
  • Trade dress
  • Three-dimensional shape
What are the phases of application after a trademark has been filed in Slovakia?

Here is the sequence of trademark application in Slovakia: 

  1. Examination – The application will be examined based on:
    • Classification
    • Formality
    • Deceptiveness
    • Descriptiveness
    • Distinctiveness
    • Conflict with earlier registrations
    • Compatibility with moral principles and public order
    • Conflict with flags/symbols/names of states/nations/regions/international organizations
    • Conflict with coat of arms or emblems
    • Conflict with religious symbols
  2. Publication – Important information about the registration will be posted online and in print. This is the time for third parties to initiate an opposition case.
    • Mark
    • Applicant’s name and address
    • Application number and date
    • Goods/services that will be covered
    • Information on priority claim
    • Trademark representation
    • Attorney, representative or agent
  3. Registration – The registration will be granted once the opposition cases are resolved.
What type of trademark is non-registrable?

The following marks are prohibited from being registered: 

  • Marks that are incompatible with moral principles or against public order
  • Generic words or common terms
  • Names/flags/symbols of international organizations/nations/regions/states
  • Marks that work primarily as a name of a geographic location
  • Non-distinctive marks
  • Marks that may deceive the public with regards to the good/service’ origin of place, quality or nature
  • Marks that include a religious symbol or signs with high value
Does Slovakia use the "Nice Classification" system?

Yes. Nice Classification is implemented in Slovakia. For trademarks that will be covering multiple classes of goods/services, a single application will suffice.

Does the Community Trademark apply for Slovakia?

Yes. Slovakia is a European Union member which makes the Community Trademark registration applicable in this jurisdiction.

Is there any possibility to claim priority in Slovakia?

Yes. The home filing date can be recognized as the filing date in Slovakia if: 

  • The home country is a Paris Convention member
  • The home filing date is within 6 months prior to the filing date in Slovakia
  • The home country is a member of the WTO (World Trade Organization)
  • The international registration can be designated in Slovakia
What do I need to do to satisfy the use requirement?

After the date when the registration was granted, the mark must be used within 5 years. The amount of use is measurable on a commercial case and use must occur in Slovakia.

Once my trademark has been registered, for how many years will be valid?

Registered marks are valid for 10 years counting from the application date.

What will be the renewal date of my trademark?

The renewal date is computed 10 years from the date of filing the application.

Is it legal to use my trademark even if it is not yet registered?

Unregistered marks are legally allowed to be used for goods and services.

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?
  1. National registration – The opposition period will start on the publication date and will end three months after that date.
  2. 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.

When should I renew my trademark?

Renewals are made every 10 years.

What will be the renewal date of my trademark?

The renewal date is computed 10 years from the date of filing the application.

Is there any documentation that should be presented when renewing a trademark?

A power of attorney is necessary to renew a trademark.

If my trademark expires, do I have a grace period?

Late renewals are still available 6 months after the expiry date.

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