English
The average time frame for the registration approval is 10 months, if no objections or oppositions arise.
No. The limit of protection is only within the territory of Slovakia.
Yes. It is required to complete the application.
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.
Yes. Not using a registered mark makes it prone to the revocation of registration.
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
Here is the sequence of trademark application in Slovakia:
-
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
-
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
- Registration – The registration will be granted once the opposition cases are resolved.
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
Yes. Nice Classification is implemented in Slovakia. For trademarks that will be covering multiple classes of goods/services, a single application will suffice.
Yes. Slovakia is a European Union member which makes the Community Trademark registration applicable in this jurisdiction.
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
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.
Registered marks are valid for 10 years counting from the application date.
The renewal date is computed 10 years from the date of filing the application.
Unregistered marks are legally allowed to be used for goods and services.
It is mandatory to register a trademark in order to secure rights.
The trademark office of Slovakia is available online: http://www.indprop.gov.sk/
No. Intent to use or actual use of the mark is not necessary.
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
The owner of an earlier right and a licensee can initiate an opposition case.
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
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
- 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.
Yes. Slovakia is a party to the international treaties: Madrid Protocol and Madrid Agreement.
No. Filings that would prove the use of the mark are unnecessary.
Renewals are made every 10 years.
The renewal date is computed 10 years from the date of filing the application.
A power of attorney is necessary to renew a trademark.
Late renewals are still available 6 months after the expiry date.