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

TreatyStatus
Paris ConventionMember
Madrid ProtocolMember
TRIPS (WTO)Member

Summary Table

AspectDetails
Governing lawSlovak Industrial Property Act
AuthorityIndustrial Property Office of Slovakia (ÚPV SR)
Duration10 years, renewable
RegistrationRequired
Use requirement5 years non-use = cancellation possible
EnforcementSlovak courts, EU courts (for EUTM)
International treatiesParis, Madrid, TRIPS

 

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