Legal notes to trademark registration in Slovakia

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Trademark registration in Slovakia. Slovakia, officially the Slovak Republic, is a landlocked country in Central Europe. Slovakia is a developed country with an advanced high-income economy, ranking very high in the Human Development Index. It also performs favorably in measurements of civil liberties, press freedom, internet freedom, democratic governance, and peacefulness. The country maintains a combination of a market economy with a comprehensive social security system, providing citizens with universal health care, free education, and one of the longest paid parental leaves in the OECD. Accordingly, many businesses want to enter this market and one of the most important preparations a business needs to take before expanding to this country is to learn the procedure of trademark registration in Slovakia.

Trademark in Slovakia

Marks that may be registered as a trademark in Slovakia include words, personal names, or designs, letters, numerals, colors, the shape of goods or of the packaging of goods, or sounds.

In general, every mark can be registered as a trademark in this country if it qualifies the following criteria:

  • Able to distinguish the goods or services of one party from those of other parties;
  • Be represented in a way that the competent authorities, as well as the public, may recognize the subject of protection accurately.

Necessary documents for trademark registration in Slovakia

Necessary documents for trademark registration in Slovakia include:

  • The application for trademark registration in Slovakia;
  • Detailed information of the applicant (name, nationality, and address, etc.);
  • Detailed information of the representative or attorney (name, nationality, and address, etc.);
  • Classification of goods and/or services;
  • Trademark sample;
  • Priority documents (If any);
  • The prescribed fee;
  • Other necessary documents.

The procedure of trademark registration in Slovakia

To obtain trademark protection in Slovakia, the applicant needs to file their trademark application to the IP Office of Slovakia.

After receiving the trademark application, the examiner will conduct a formal examination, an examination of distinctiveness, and a search for prior trademarks to check if the application complies with the regulations of the law.

If there are no issues detected, the trademark application will be published for 3 months in the monthly “Slovakian Patent Office Bulletin.”

Opposition and protection period

During this period, any third parties who feel like their rights are violated may file for the opposition of the trademark registration.

If there are no oppositions or if the court rules in favor of the applicant during an opposition action, the trademark will be registered and the applicant will receive the trademark registration certificate.

Once registered, the trademark will have a protection period of 10 years from the filing date and can be renewed an unlimited number of times.

The trademark owner may file for renewal 12 months before the deadline or in the 6 months grace period after the expiration of the trademark.

Note:

Since Slovakia is a member of the European Union, trademark protection in Slovakia could be acquired by registration of a Community Trademark (CTM), which is valid for a period of 10 years in all countries of the European Union.

Slovakia is also a member of the Madrid System. Accordingly, the applicant can file for trademark registration through the Madrid System to obtain protection in all Madrid member countries, including Slovakia.

Use requirement of a trademark in Slovakia

A trademark in Slovakia which has not been used within 5 years from the issuance date of the registration certificate or for 5 consecutive years at any moment, might be vulnerable to cancellation by other parties based on non-use.

You can see a list of Slovakia IP firms here.

 

 

 

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