The current trademark regulations in Slovakia are mainly based on the Trademark Law No. 506/2009, which came into effect on January 1, 2010.
The Slovak Industrial Property Office is responsible for trademark affairs and the official language is Slovak. Trademark exclusive rights need to be obtained through registration. Trademark registration is not mandatory, but in order to protect the trademark or renew it, it must be registered in accordance with the law. Slovak trademark registration adopts the principle of "application first", but in some cases, trademark rights can also be claimed based on "prior use".
Slovakia is a party to international intellectual property treaties such as the Nairobi Treaty, the Trademark Law Treaty, the Paris Convention, the Nice Agreement, the Convention Establishing the World Intellectual Property Organization, and the Singapore Treaty. It is also a member of the European Union, the Madrid Agreement, and the Madrid Protocol. Therefore, trademark registration can be processed through "single country registration," "EU registration," or "Madrid international registration.
At present, the Slovak Industrial Property Office adopts the Nice Classification 11th edition of goods and services descriptions and accepts applications for multiple categories in one form. The elements that can be registered as trademarks in Slovakia include: text, names, letters, numbers, graphics, colors, color combinations, three-dimensional logos, etc.
Natural or legal persons who do not have a domicile, main place of business, or a genuine and valid business enterprise in Slovakia must entrust a specialized agent in that country to handle the matter. The basic materials required for trademark application are:
1. Trademark design;
2. Category and specific product/service items;
3. Name and address of the applicant;
4. Power of attorney;
5.If priority is declared, priority proof documents and corresponding Slovak language translations must be provided.
The main process for applying for registration of a Slovak trademark is: application acceptance examination announcement approval issuance.
The application will be accepted within about 2 weeks after submission. The examiner will conduct formal and substantive examinations on the application. Formal review mainly examines whether the application requirements and classification information comply with regulations; The substantive examination includes the examination of the distinctiveness of the trademark, whether it violates the prohibition and prohibition clauses, and whether it conflicts with the prior trademark. If the review fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice; If the substantive examination is passed, an announcement will be arranged. The 3-month period from the date of announcement is the objection period. Any interested party may raise objections to the registration of the trademark with the Industrial Property Office. The main reasons for raising objections are:
1. Conflict with prior trademarks, such as owning a prior registered trademark;
2. The trademark lacks distinctiveness;
3. The trademark has adverse effects;
4. Malicious registration;
5. Conflict with other prior rights, such as trade name rights, design rights, copyrights, personal names, etc.
If there are no objections or objections are not established during the announcement period, the trademark can be approved for registration and a registration certificate can be issued. In a smooth situation, trademark registration in Slovakia takes about 18 months; If there is any rejection or objection encountered during the process, the time will be extended.
The Slovak trademark is valid for 10 years after registration, starting from the date of application; Renewal can be processed within 12 months before the expiration date, with a grace period of 6 months; The renewal is valid for 10 years.