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Amendments to Trademark Laws

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Apr 02, 2020 (Newsletter Issue 5/20)
Slovenia
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Intellectual Property Act Amended


On March 5, 2020, the Slovenian Parliament adopted amendments to the Industrial Property Act, transposing into the national legislation Directive (EU) 2015/2436 of the EU Parliament and of the Council of 16 December 2015 to approximate the laws of the Member States relating to trademarks. The amendments to the Slovenian IP Act came into force on March 29, 2020.

Important changes are the following:
- No graphical representation requirement for trademarks anymore
- New types of non-traditional trademarks such as holograms, movement marks and multimedia can be registered
- Re-definition of absolute grounds for refusal based on earlier Slovenian or EU-wide geographical indications, protected designations of origin, and traditional names for wines
- New absolute grounds for refusal for plant varieties and guaranteed traditional specialties
- Clearer definition of an earlier trademark that may be a basis for an opposition with respect to relative grounds for refusal
- Non-use defence now also to oppositions, non-use revocations, and infringement proceedings
- Non-exclusive licensees can now also seek protection against trademark infringements
- Exclusive licensee can now seek protection against infringement without trademark holder’s consent under certain conditions
- The licensee has now the right to join infringement proceedings as an interested party

The amendments apply to all pending procedures and trademarks as of March 29, 2020, with the exception of procedures where a legal remedy or a court proceeding were initiated before this date.

For further information, please check the article of Mr. Andrej Bukovnik from Bukovnik & Kulbaba IP Guardians here

Source: www.bk-ip.eu