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Benelux trademark protects Belgium, Netherlands and Luxemburg. In order to obtain trademark protection in Benelux you can register your trademark in two ways: First option is that you request registration in the entire European Union with one single application; this can be done via the European Union Trademark which grants trademark protection in the 28 country members of the EU (more info here). Second option is that you register directly your trademark in Benelux. If you want to proceed this way please follow the steps described belows.
Step 1 - Trademark Comprehensive Study
Before filing your trademark in the Slovakia, you must evaluate any issues that may arise during the registration process. Our Comprehensive Study not only lists similar trademarks (graphic and phonetic) that may conflict with yours but also provides you with an Attorney's opinion on the trademark registration possibilities and the class(es) that your goods/services belong to.
Trademark Class Recommendation
Graphic & Phonetic Similarity Trademark Search
Trademark Attorney's Analysis & Advice
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Step 2 - Trademark Registration Request
Specialized attorneys file your Trademark Application in the Slovakia and carry out all the necessary formalities to bring your application before the Slovakia Trademark Office for approval and registration. As soon as your trademark is filed, we send you a filing report that includes an application number and date, plus a scanned copy of the filed trademark application.
Process Handled by Experienced Trademark Attorneys
Filing the Report & a Scanned Copy of the application
Tracking the Registration Process Online
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Step 3 - Trademark Registration Certificate
Once your trademark application is approved, our attorneys complete all the formalities necessary to obtain the registration certificate in the Slovakia. After the certificate is issued, it is forwarded to your address along with a registration report specifying the registration number, registration date, and any special consideration that should be taken into account in the Slovakia.
Process Handled by Experienced Trademark Attorneys
Delivery of Registration Certificate & Report
Monitoring & Notification of Important Dates
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 Frequently Asked Questions
Trademark Registration
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Is there a time frame for the trademark registration approval?

The average time frame for the registration approval is 10 months, if no objections or oppositions arise.

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If I register my trademark in Slovakia, do I have protection in other territories?

No. The limit of protection is only within the territory of Slovakia.

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Do I need to sign a Power of Attorney?

Yes. It is required to complete the application.

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Are there any benefits from a pre-filing use of the trademark?

Yes. Pre-filing use of the trademark helps the applicant establish the mark’s distinctiveness and use it to overcome disputes based on non-distinctiveness.

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Will there be problems in case I don’t use my trademark after registration?

Yes. Not using a registered mark makes it prone to the revocation of registration.

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What are the types of trademark that can be registered in Slovakia?

Marks that can be recreated graphically or signs that can add a distinctive quality to the good or service can be accepted for registration. 

  • Word
  • Name
  • Color
  • Slogan
  • Device
  • Trade dress
  • Three-dimensional shape
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What are the phases of application after a trademark has been filed in Slovakia?

Here is the sequence of trademark application in Slovakia: 

  1. Examination – The application will be examined based on:
    • Classification
    • Formality
    • Deceptiveness
    • Descriptiveness
    • Distinctiveness
    • Conflict with earlier registrations
    • Compatibility with moral principles and public order
    • Conflict with flags/symbols/names of states/nations/regions/international organizations
    • Conflict with coat of arms or emblems
    • Conflict with religious symbols
  2. Publication – Important information about the registration will be posted online and in print. This is the time for third parties to initiate an opposition case.
    • Mark
    • Applicant’s name and address
    • Application number and date
    • Goods/services that will be covered
    • Information on priority claim
    • Trademark representation
    • Attorney, representative or agent
  3. Registration – The registration will be granted once the opposition cases are resolved.
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What type of trademark is non-registrable?

The following marks are prohibited from being registered: 

  • Marks that are incompatible with moral principles or against public order
  • Generic words or common terms
  • Names/flags/symbols of international organizations/nations/regions/states
  • Marks that work primarily as a name of a geographic location
  • Non-distinctive marks
  • Marks that may deceive the public with regards to the good/service’ origin of place, quality or nature
  • Marks that include a religious symbol or signs with high value
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Does Slovakia use the "Nice Classification" system?

Yes. Nice Classification is implemented in Slovakia. For trademarks that will be covering multiple classes of goods/services, a single application will suffice.

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Does the Community Trademark apply for Slovakia?

Yes. Slovakia is a European Union member which makes the Community Trademark registration applicable in this jurisdiction.

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Is there any possibility to claim priority in Slovakia?

Yes. The home filing date can be recognized as the filing date in Slovakia if: 

  • The home country is a Paris Convention member
  • The home filing date is within 6 months prior to the filing date in Slovakia
  • The home country is a member of the WTO (World Trade Organization)
  • The international registration can be designated in Slovakia
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What do I need to do to satisfy the use requirement?

After the date when the registration was granted, the mark must be used within 5 years. The amount of use is measurable on a commercial case and use must occur in Slovakia.

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Once my trademark has been registered, for how many years will be valid?

Registered marks are valid for 10 years counting from the application date.

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What will be the renewal date of my trademark?

The renewal date is computed 10 years from the date of filing the application.

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Is it legal to use my trademark even if it is not yet registered?

Unregistered marks are legally allowed to be used for goods and services.

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Does having a registered trademark in Slovakia afford me any right?

It is mandatory to register a trademark in order to secure rights.

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What is the web address of the trademark national office?

The trademark office of Slovakia is available online: https://www.indprop.gov.sk/

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Is there any need to use my trademark before I apply for registration?

No. Intent to use or actual use of the mark is not necessary.

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What are the grounds for a Trademark Application to be opposed?

Third parties can oppose the application on any of these grounds: 

  • Proprietary rights
  • Breach of copyright
  • Conflict with a well-known mark
  • Mark was registered under a representative’s name
  • Registered design rights
  • Personal name rights
  • Geographical indication
  • Company name rights
  • Prior use of an unregistered mark
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Who can contest my trademark registration?

The owner of an earlier right and a licensee can initiate an opposition case.

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Is it possible to cancel a registration?

Yes. These are the grounds for a registration to be cancelled: 

  • Proprietary rights
  • Descriptive mark
  • Non-distinctive mark
  • Misleading/disparaging/deceptive mark
  • Functional mark
  • Breach of copyright
  • Conflict with a notorious mark
  • Use of protected flag, symbol and armorial bearing
  • Conflict with a registered design
  • Conflict with a famous personal name
  • Generic mark
  • Use of geographical indication
  • Issues against moral principles or public order
  • Conflict with a company name
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Are there any rights established by having a registered trademark?

The following rights are obtained through registration: 

  • Exclusive right to use the mark
  • Right to object to a later conflicting application
  • Right to file a dispute against a later conflicting registration
  • Right to file an infringement case against third parties that use a highly similar mark
  • Right to obtain payment from third parties for infringing the mark
  • Right to demand for the confiscation of counterfeit imported goods
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How long is the opposition period?
  1. National registration – The opposition period will start on the publication date and will end three months after that date.
  2. International registration – The opposition period will start on the first day of the following month after the publication date, and will end three months after that date.
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Is Slovakia a member of the Madrid System?

Yes. Slovakia is a party to the international treaties: Madrid Protocol and Madrid Agreement.

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Do I need to present periodic statement of use?

No. Filings that would prove the use of the mark are unnecessary.

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When should I renew my trademark?

Renewals are made every 10 years.

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What will be the renewal date of my trademark?

The renewal date is computed 10 years from the date of filing the application.

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Is there any documentation that should be presented when renewing a trademark?

A power of attorney is necessary to renew a trademark.

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If my trademark expires, do I have a grace period?

Late renewals are still available 6 months after the expiry date.

Basic Concepts
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What is a trademark?

A trademark identifies a company’s products and services and distinguishes them from those of its competitors in the market. The name (the verbal element) is not the only component of a trademark—figurative elements such as logos, design, images, colors, and sounds also create an identity that can be protected by trademark registration.

With the registration, the owner (person or company) becomes the owner of the trademark. The registration is given for a particular country/territory, for certain products or services, and for a specific term. While the registration is in force, only the owner may use the trademark in the market where the trademark is registered.

 Some symbols to consider:

® Means the trademark is registered.

TM Some countries use this trademark symbol to show that the trademark has been filed at the trademark office and is still undergoing the registration process.

SM Some countries use this service mark symbol to show that the service mark has been filed at the trademark office and is still undergoing the registration process.

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What is the difference between a trademark, patent and copyright ?

You can lay claim to your work in many ways. Trademarks, patents, and copyrights offer protection to intellectual property owners. A trademark helps people find your goods and services. When recognized as a registered mark, it protects your right to exclusively use the image, logo, phrases, or words to distinguish your goods or services from others in the market.

patent safeguards ideas and inventions. It gives a creator or inventor exclusive rights that prevent other people from making, using, or profiting in any way from an invention or creative innovation without the consent of the inventor.

You cannot patent an idea alone (otherwise we’d all be doing it). You must materialize your concept into a tangible invention, innovative product, device, or process that offers new solutions to an existing problem.

Copyright protects all types of original published, performed, and printed creative works of art, literature, and music. It prevents people from using, reproducing, or distributing copyrighted works without the permission of the artist, author, composer, etc. Types of work covered by copyright protection include:

  1. a) artwork (2 or 3 dimensional),
  2. b) photographs, graphic drawings, and designs as well as other forms of creativity;
  3. c) songs, music, and sound recordings of all kinds;
  4. d) books, manuscripts, publications, and another written work; and
  5. e) plays, movies, shows, and other performance arts.

 

Trademarks, patents, and copyrights are all examples of ways you can protect your intellectual property. Your rights to control and benefit from your efforts are increasingly important in our global economy. Registering a formal claim to your property is a critical step in protecting what you own.

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What is the difference between TM, SM, ® and other symbols?

The symbol of a circled letter R after a trademark name or graphic image means that the preceding trademark has been registered. Various typographic symbols indicate copyrights and patents. The presence or absence of a symbol does not change the validity of the registration, but the best practice is to use circle‑R or circle‑C for copyrights every time you mention your intellectual property in print. These symbols give legal grounds for claiming damages in trademark litigation. The following is a list of some typical marks you can use on a web page, in written content, or even in a marketing letter.

  • TM: The TM or trademark symbol indicates an unregistered trademark for one of 34 different classes of products. Owners use this symbol to claim the preceding name or logo as the Trademark of their product.
  • SM: The SM or service mark symbol is similar to the TM symbol except it indicates a claim to a mark for a service (one of 11 classes of service) rather than a tangible product.
  • ®: Use the ® symbol once you’ve registered your trademark or service mark. It shows that the country authority has approved the registration.
  • ©: Use the © symbol to indicate copyrighted material. The copyright notice should appear on the material as Copyright © followed by the date the work was created, the copyright owner’s name, a period, and finally “All Rights Reserved.” Like this: Copyright © 2021, John Smith. All Rights Reserved. Use it whether the copyright has been registered or not.
  • Patent Pending: The phrase Patent Pending shows that you filed a patent application but cannot guarantee the application's approval.
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What are trademark classes?

Trademark Offices around the world use classes to divide commercial products and services into defined categories.  When you apply for your trademark to protect your brand, you must define the class or classes that you believe best describe your business activity. 

Countries around the world have standardized 45 classes (34 for products and 11 for services) for international use under the Nice International Classification.

These classes group all known products and services. If applicable, you can register the same trademark in more than one class; for example, you may register the trademark KING for computers in class 23 and register the same trademark in class 24 for cosmetics. 

Trademark protection only extends to commercial use within your specified classes.  It is, therefore, possible for two entities conducting business in different classes to use identical or similar trademarks and for each entity to enjoy full trademark protection in their respective classes. If you feel that protection should extend to include more than one class, you can choose multiple classes under which to conduct business.

You can search for your trademark class with this Trademark Class Search tool.

Trademark Search
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Why do I need to perform a trademark search?

Once you have a product or service and think you have a name for it, how do you know you can use it as your own? What happens if you unintentionally use a registered trademark name? 

Too many people use a name without knowing whether or not they have the legal right to do so. They organize massive marketing campaigns with names they later find they’re not allowed to use. Performing a comprehensive search before deciding which trademark to register is a wise thing to do, especially when you consider future risks of litigation.  

It is a good idea to carry out some research before starting to do business with a trademark. It may not be in your best interest to use a mark if another company is already actively conducting business in the same class.  The other company may object to you using the trademark and legally prohibit you from doing so.

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Do I need an Attorney to perform a Trademark Search?

No, you don’t, but if you have little or no experience dealing with trademarks, we suggest you seek professional help. Our company offers a Comprehensive Trademark Study service. The Study gives you details of the classes in which you might want to register your trademark; it also lists identical and similar trademarks, and finally, you get an Attorney's recommendation about registration possibilities and use of your trademark.

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Where can I perform a trademark search?

If you know a little about trademark registration, you can search using any online trademark search tool. If not, we recommend that you hire a trademark attorney or trademark service like Nominus.com to handle your trademark registration requirements, especially the trademark search because the process is complex and relatively time consuming.

Please note that if you don’t manage to complete the application process correctly, the registration can drag on for several months and end up costing far more than you intended to pay. The trademark search is a critical part of the process.

A broad trademark search is essential in today's marketplace, given the increasing number of unregistered and common law trademarks. Globalization also raises the question of entering international markets and registering trademarks in foreign countries to protect both your brand and your property rights.

Please note that even a completed comprehensive trademark search does not necessarily guarantee your trademark will be accepted and registered. A  Comprehensive Trademark Study includes an extended review process and, more significantly, a formal evaluation of the likelihood that your application will be successful.

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