Trademarks Law in Slovakia
Here’s an overview of trademark law in Slovakia:
🇸🇰 Trademark Law in Slovakia
🔹 Governing Law
Trademark protection in Slovakia is governed by the Slovak Industrial Property Act (Act No. 506/2009 Coll.).
Slovakia is a member of the European Union (EU), so trademark protection is available through:
National Slovak trademark registrations
European Union Trademarks (EUTMs) via the European Union Intellectual Property Office (EUIPO)
Slovakia is also a party to major international treaties:
Paris Convention
Madrid Protocol
TRIPS Agreement
🔹 Trademark Registration Options
National Trademark Registration
Filed with the Industrial Property Office of the Slovak Republic (ÚPV SR).
Covers Slovakia only.
European Union Trademark (EUTM)
Registered at the EUIPO.
Covers all EU member states including Slovakia.
International Registrations (Madrid Protocol)
Can designate Slovakia when filing through the World Intellectual Property Organization (WIPO).
🔹 What Can Be Registered?
Any distinctive sign used to distinguish goods or services, including:
Words, names, logos, letters, numerals
Shapes, colors, sounds, holograms (if graphically representable)
Collective and certification marks
🔹 Registration Process
Application: File with ÚPV SR for national trademarks or EUIPO for EUTMs.
Examination: Formal and substantive examination for compliance and conflicts.
Publication: Application published for opposition (3 months).
Registration: If no opposition or opposition is resolved, the trademark is registered.
🔹 Duration and Renewal
Trademark registrations last for 10 years from the filing date.
Can be renewed indefinitely for additional 10-year periods.
🔹 Use Requirement and Cancellation
Non-use of the trademark for 5 consecutive years may lead to cancellation.
Cancellation can be requested by third parties.
🔹 Rights Granted
Exclusive right to use the trademark for the registered goods/services.
Right to prevent unauthorized use, imitation, or counterfeiting.
Rights to license, assign, or transfer the trademark.
🔹 Enforcement
Enforcement through Slovak courts or EU courts (for EUTMs).
Remedies include injunctions, damages, destruction of infringing goods.
Customs authorities can act to prevent counterfeit imports.
🔹 International Treaties
Treaty | Status |
---|---|
Paris Convention | Member |
Madrid Protocol | Member |
TRIPS (WTO) | Member |
Summary Table
Aspect | Details |
---|---|
Governing law | Slovak Industrial Property Act |
Authority | Industrial Property Office of Slovakia (ÚPV SR) |
Duration | 10 years, renewable |
Registration | Required |
Use requirement | 5 years non-use = cancellation possible |
Enforcement | Slovak courts, EU courts (for EUTM) |
International treaties | Paris, Madrid, TRIPS |
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