English
The average time frame for the registration approval is 8 months, if no objections or oppositions arise.
No. Slovenia is the territorial limit of the protection.
Yes. A power of attorney is required to complete the application.
Rights to a trademark are primarily established through registration. However, pre-filing use offers minimal benefits such as:
- Demonstrate the mark’s acquired distinctiveness
- Dismiss oppositions based on non-distinctiveness
Not using a registered trademark makes it vulnerable to cancellation.
Marks which are capable of being recreated graphically and adding distinction to the good or service are registrable.
- Words
- Names/personal names
- 3-dimensional shapes
- Motions
- Devices
- Holograms
- Colors
- Sounds
- Slogans
The process of trademark application in Slovenia in its proper order is as follows:
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Examination – All applications will be examined in terms of:
- Compliance with the requirements
- Goods and services must be properly classified
- The mark is clearly described and easy to understand
- The mark is distinct or different from others
- The mark is not deceiving
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Publication – Third parties will be given an opportunity to initiate a dispute or opposition. Information about the application will be made accessible to everyone:
- Mark
- Applicants’ name and address
- Applicants’ state/country of incorporation
- Application’s date and number
- Goods and/or services
- Information on priority claim
- Trademark representation
- Registration – If the application was not rejected during the examination phase and if all oppositions are dismissed, the trademark office will then issue the registration certification.
The trademark law of Slovenia prohibits the registration of any of these marks:
- Marks that are not compatible with moral principles and public order
- Generic marks and common words
- Names/flags/symbols of international organizations or nations/regions/states
- Marks that are lacking in distinctive qualities
- Names of geographic locations
Yes. Nice Classification is effective in Slovenia. A single application is sufficient to allow the trademark to cover multiple classes of goods/services.
Yes. Slovenia is a European Union member which makes the Community Trademark (currently European Union Trade Mark) registration effective in this jurisdiction.
Yes. The home filing date can be recognized as the Slovenia filing date if:
- Home country is a signatory of the Paris Convention
- Home filing date does not exceed 6 months from the date of filing in Slovenia
- Home country is a WTO (World Trade Organization) member
- International registration can be based in Slovenia
The mark must be used within 5 years from the date it was registered and there should be no 5-year gap between each genuine use. Use must be on a business scale and must occur in the territory of Slovenia.
Registered marks in Slovenia are valid for 10 years starting from the application date.
The first renewal date is computed 10 years from the filing of application date.
Use of unregistered marks for selling goods or services is legal.
Registration of trademark is mandatory in order for the owners to establish rights.
Slovenia’s trademark office is available online via this URL address: www.uil-sipo.si
No. Applicants can apply for registration even if they have not used the mark yet.
Applications can be opposed on any of these grounds:
- Proprietary rights
- Unauthorized use of national insignia and / or state emblem
- Company name rights
- Personal name rights
- Registered design rights
- Registration under a different name such as name of agent or other representatives
- Notorious mark rights
- Breach of copyright
- Misleading/disparaging/deceptive mark
The following people can contest the registration:
- Owners of an earlier conflicting right
- Owners of a conflicting mark that was registered earlier
- Owners of earlier rights to a personal name, industrial property, variety of plant, geographical indication, or copyright
- Owners of a mark that was registered in WTO or Paris Union that was applied for by an agent or representative without the proprietor’s permission
Yes. Registered marks are possible to cancel on the grounds of:
- Unsatisfied requirements under Section VIII.A.
- Bad faith
- Mark is banned in Slovenia
- Inclusion of a protected emblem or badge
- Contradiction with moral principles or public policy
- Inclusion of a geographical indication
- Generic mark
- Inclusion of a protected armorial bearing, state emblem or flag
- Proprietary rights
- Non-distinctive mark
- Descriptive mark
- Misleading/deceptive/ disparaging mark
Only the owners of a registered mark in Slovenia can obtain these rights:
- Exclusive right to use the mark
- Right to initiate an opposition case against parties applying for a conflicting mark
- Right to appeal for the cancellation of conflicting registrations filed at a later date
- Right to sue third parties for infringing the registered mark
- Right to accept payment from third parties for infringement
- Right to license/authorize third parties to use the mark
- Right to demand from the customs authorities the seizure of counterfeit imported goods
The opposition period will officially start on the publication date and will end three months after that date.
Yes. Slovenia is a treaty to Madrid Protocol and Madrid Agreement.
No. Trademark owners are not required to file a periodic statement of use.
The registered mark must be renewed every 10 years.
The first renewal date is computed 10 years from the filing of application date.
Documentation is not necessary if the same attorney will renew the mark, but a power of attorney will be required if a different attorney from the initial registration will renew the mark.
If the owner fails to renew the mark on time, a grace period of 6 months is available.