The current trademark regulations in the Republic of Slovenia are mainly based on the Industrial Property Law, which came into effect on March 29, 2020. The Intellectual Property Office of the Republic of Slovenia is responsible for managing trademark affairs and the official language is Slovenian.
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. The trademark registration in the Republic of Slovenia adopts the principle of "application first", but in rare cases, trademark rights can also be claimed based on "prior use".
The Republic of Slovenia is a party to international intellectual property treaties such as the Nairobi Treaty, the Trademark Law Treaty, the Nice Agreement, the Paris Convention, the Convention Establishing the World Intellectual Property Organization, and the Vienna Agreement. It is also a member of the European Union and a member of the Madrid Agreement and Madrid Protocol. Therefore, trademark registration can be processed through "single country registration", "EU registration", or "Madrid International Registration".
At present, the Intellectual Property Office of the Republic of Slovenia adopts the Nice Classification 11th edition for the description of goods and services and accepts applications for multiple categories in one form. The elements that can be registered as trademarks in the Republic of Slovenia include: text, letters, numbers, graphics, three-dimensional logos, color combinations, etc.
If the applicant does not reside in the Republic of Slovenia, they must entrust a specialized agent in their home country to handle the matter. The basic materials required for trademark application are:
1. Trademark design;
2. Specific categories and product/service items;
3. Name and address of the applicant;
4. Power of attorney;
5.If priority is declared, priority proof documents and corresponding Slovenian language translations must be provided.
The main process for applying for registration of a trademark in the Republic of Slovenia 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 examining the distinctiveness of the trademark and whether it violates the prohibition and prohibition clauses. 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. After the substantive examination is approved, an announcement will be arranged, and a 3-month objection period will be set from the announcement date. Any interested party or prior rights holder may raise objections, and 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. Trademarks only directly represent the quality, main raw materials, function, purpose, quantity, weight, value, place of origin, production date, or other characteristics of goods and services;
4. Trademarks have only the shape generated by the nature of the goods themselves, only the shape required to obtain technical effects, and only the shape that gives the goods substantial value;
5. Trademarks are deceptive.
If there are no objections or objections are not valid during the announcement period, the trademark will be officially registered successfully. In a smooth situation, trademark registration in the Republic of Slovenia takes about 12 months; If there are any objections or rejections encountered during the process, the time will be extended.
The trademark registration in the Republic of Slovenia is valid for 10 years 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.
The invalidation or revocation application after trademark registration can generally be filed based on the following reasons:
1. Malicious registration;
2. The trademark has become a common name after use;
3. Trademarks can easily mislead the public, especially in terms of the nature, quality, and source of goods or services;
4. Without justifiable reasons, the trademark has not been actually used in the country for five consecutive years after registration;
5. Trademarks that are identical or similar to those previously registered by others.