Definition of trade mark
According to Slovak Act No. 506/2009 Coll. on Trade marks, a trade mark is verbal, figurative, three-dimensional or combined sign which is capable of distinguishing goods and services on the market.
The above Act specifies in detail the exclusions from registration as well as the signs that cannot serve as a trademark. For example, signs which are devoid of any distinctive character, indications containing official names of states, signs that designate the kind of goods or services, well-known geographical indications, deceptive denominations, signs identical with a trademark already registered for another person for identical goods or services.
Trademark proceeding – basic information
Trademark proceeding starts by filing the trademark application with the Industrial Property Office of the Slovak Republic (“Office“). The Office conducts an examination whether the application complies with conditions laid down by the Slovak trademark law. After publishing the application in the Official Journal of the Office it is possible for affected person to file objections against the registration of the trademark within the period of three months from the publication (e.g. to claim interchangeability with its trademark with the earlier priority right). The Office examines the objections and if it ascertains that the requirements for registration are not met, it shall refuse the application; otherwise the Office shall register the trademark and shall issue a certificate of registration to the applicant and publish the registration of the trademark in the Official Journal.
What information and documents are required for filing a new trademark application in Slovakia?
The trademark application shall include mainly:
i. a request for entry of the sign as a trademark into the Register;
ii. identification data of an applicant;
iii. wording or graphical presentation of the sign and in case of a three-dimensional sign its surface presentation;
iv. list of goods or services in respect of which the registration is requested – classified in accordance with the Nice
Classification of Goods and Services for the Purposes of Mark Registration.
If the applicant claims the right of priority pursuant to Paris Convention on the Industrial Property Protection from March 20, 1883 following from the earlier trademark application, it shall adduce in the trademark application:
i. the filing date of the trademark application which the priority right is inferred from;
ii. the country where this application was filed and the reference number of the trademark application;
iii. registration number if the application was registered.
In case the applicant is represented by an agent it shall submit the power of attorney as well.
What is the term of protection of the trademark?
The term of protection of the registered trademark is 10 years as from the filing date of the trademark application. Upon the request of the trademark owner and subject to payment of administrative fee the Office shall renew the term of protection for another ten years.
How long does it take to get the registered certificate of the trademark since filing the trademark application?
The law does not specify any period for the Office to issue the decision on registration of trademarks. Please note that this procedure may take up to several months or even more (mainly in case the objections are filed by the affected persons).
What are the current government fees of the Industrial Property in Slovakia?
The current government fees of the Industrial Property Office of the Slovak Republic are as follows:
Initial Filing of the trademark:
– EUR 166 for individual trademark up to 3 classes of goods or services;
– EUR 332 for collective trademark up to 3 classes of goods or services;
– EUR 20 for each other class of goods or services exceeding 3 classes.