Slovakia (SK)
Jan 31, 2019 (Newsletter Issue 1/19)Notification on Common Regulations on Division/Merger of International RegistrationsThe Government of Slovakia has notified WIPO with new Rule 27ter(2)(b) of the Common Regulations under the Madrid Agreement Concerning the International Registration of Marks and the Protocol Relating to that Agreement (the Common Regulations), which will enter into force on February 1, 2019.
Slovakia has declared that new Rule 27ter(2)(a) of the Common Regulations will not apply in Slovakia. As a result, its Office will not present to WIPO requests for the merger of international registrations resulting from division under this new Rule.
More information on the notification is available here Sep 03, 2013 (Newsletter Issue 12/13)Online Filing Now PossibleThe Industrial Property Office of the Slovak Republic provides its clients a new service - electronic filing of trade mark applications from July 1, 2013. The Office thus confirmed one of its priorities - providing on-line services in favour of an effective proceeding for each type of industrial property subjects. The project was co-funded by the Office for Harmonisation in the Internal Market (OHIM) located in Alicante.
The service is available on here by clicking on TM eFiling.
At present the filing is not possible to be signed by an electronic signature/guaranteed electronic signature, therefore it is necessary to file the written form of an application within one month. Otherwise such filing shall be deemed not to be filed. Discount of the fee for filing shall not be applied for filing a trade mark application.
Source: www.indprop.gov.sk Apr 01, 2010 (Newsletter Issue 9/10)Accession to the Singapore TreatyThe World Intellectual Property Organization (WIPO) informs of the deposit by the Slovak Republic of its instrument of accession to the Singapore Treaty on the Law of Trademarks. The Treaty will enter into force on May 16, 2010.
Source: www.wipo.int Legal basis is the Trademark Act no. 506/2009 on Trademarks of October 28th, 2009, in force since January 1st, 2010.
The Slovak Republic is a member of the Madrid Agreement and the Madrid Protocol. Since May 1st, 2004, the Slovak Republic has been a member of the European Union. Trademark protection is obtained by registration.
Nice classification, 11th edition
A trademark may be any sign, in particular words, including personal names, colours, drawings, letters, numbers, the shape of a product or its packaging, or sounds if it is capable to
(a) distinguish the goods or services of one person from the products or services of another person and
(b) be represented in the trade mark register in a way that the competent authorities as well as the public may recognize the subject of protection precisely.
The following trademark types are registrable: trade marks, service marks and collective marks, certification marks.
Protectable non-traditional trademarks: 3-D, colours, holograms, pattern, position, motion, audio visual, sound marks, certification marks. This list may be not be exhaustive.
The application is filed at the Industrial Property Office of the Slovak Republic.
Multiple-class applications are possible.
Applicants without a registered seat/permanent residence in the Slovak republic need a local agent except for natural persons who are nationals of a member state of the EU or EEA and legal persons with headquarters or the seat of their enterprises in a member state of the EU or EEA. Such party to the proceeding has to notify to the Office about the delivery address in the territory of a member state of the EU or EEA.
A non-legalised power of attorney is sufficient. Scan copy is enough.
Foreign applicants do not need a domestic registration.
The application process includes a formal examination, an examination of distinctiveness , the prior trademarks are no longer checked during the examination. Signs not deemed distinctive in the examination can be registered if distinctiveness is proven through use before filing the trademark application.
Disclaimers - the exclusion of non-distinctive elements from the scope of protection of a mark - were abolished by the changes to the Act as of January 14, 2019.
After the examination, the trademark application is published for 3 months in the monthly “Official Gazette of Industrial Property Office of the Slovak Republic". The duration from first filing to publication or first office action is approx. 4-5 months. At the end of the opposition period, the trademark is registered and published if no opposition has been filed or opposition has been rejected.
National:The period for filing an opposition is 3 months from publication of the application (non-extendable).
Details regarding the
Opposition Period against designation of IR Mark are available in our publication on this topic
here
Protection begins with the date of registration. However, the trademark owner may also claim the damages caused by actions committed after the date of publication of the application. A trademark registration is valid for 10 years from date of application. The registration is renewable for periods of 10 years.
The grace period for renewals is 6 months from the expiration date of the trademark.
Further practical details are available in our publication on this topic
hereIf the trademark has not been used within 5 years from registration or later has not been used for a continuous period of 5 years, it can be subject to cancellation requested by third party.
Further practical details are available in our publication on this topic
hereThe official fee for filing a trademark application is EUR 166 for up to three classes and EUR 20 for each additional class. There are no official fees for registration and publication of a trademark application.
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Practical details on licensing procedures, requirements and effectiveness are available in our publication on this topic
here.
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