Background
The Slovak economy is considered an advanced economy, with the country dubbed the "Tatra Tiger". Slovakia transformed from a centrally planned economy to a market-driven economy. Major privatizations are nearly complete, the banking sector is almost completely in private hands, and foreign investment has risen.
Slovakia has recently been characterized by sustained high economic growth. In 2006, Slovakia achieved the highest growth of GDP (8.9%) among the members of the OECD. The annual GDP growth in 2007 is estimated at 10.4% with a record level of 14.3% reached in the fourth quarter. According to Eurostat data, Slovak PPS GDP per capita stood at 72 percent of the EU average in 2008.
Who May Apply?
Any natural or legal person trading in the goods or providing the
services in respect of which the mark is to be registered may apply.
What Can Be Registered?
Trademarks may be individual or collective. An individual
mark serves to mark goods or services of a legal or natural person
in whose name the trademark has been registered. For collective
marks.
What Cannot Be Registered?
The following are excluded from registration:
(a) a mark not capable of being represented graphically;
(b) a mark not capable of distinguishing goods or services;
(c) a mark which consists exclusively of signs or indications which
are used in trade to designate kind, quality, quantity, purpose
and value of goods and services, geographical origin, or time of
production or rendering a service;
(d) a mark which consists of signs or indications which are used in
the current language or used bona fide in established practices
of the trade;
(el a mark which consists exclusively of the shape of the goods
resulting from their nature or necessary for obtaining the technical
result or giving substantial utility value to the goods;
(0 a mark contrary to public order or morality;
(g) a mark likely to deceive the public, especially as to the nature,
quality, or geographical origin of goods or services;
(h) a mark which would be contrary to the obligations of the Slovak
Republic arising from international agreements;
(i) a mark containing the denomination of a high symbolic value,
namely religious symbols; and
(j) a denomination applied for wines or spirits containing geographical
indication, with respect to wines and spirits not having that
geographical origin.
Rights
The proprietor of a trademark cannot forbid third parties the use of
a mark on goods that were put on a market by the trademark owner
or with his consent. This is not valid in cases where, after putting the
goods on the market, the quality of goods is changed or impaired
without the fault of the trademark owner.
Filing Requirements
To file an application, the following is required:
(1) power of attorney signed by the applicant, without legalization;
(2) one copy of the mark (note: attorneys usually require three copies
of marks other than word marks); and
(3) a list of goods or services pursuant to the International Classification
of Goods and Services.
The trademark application must contain: - -
(1) a request for registration of a trademark in the register;
(2) the name and surname or the company name or trade name of
the applicant, permanent address and place of business if the
applicant is a natural person, or a seat if the applicant is a
legal person;
(3) wording or illustration of the mark-in case of a threedimensional
mark, its two-dimensional illustration; and
(4) a specification of goods or services for which the trademark is to
be registered.
The application shall concern only one mark. The application may be filed by any natural or legal person for
goods or services, which are the subject matter of his trade at the date
of filing the application.
Persons having no permanent domicile or seat on the territory of
the Slovak Republic shall, subject to reciprocity, have the same rights
and duties as the Slovak applicants or proprietors of trademarks.
Persons having no permanent domicile or seat on the territory of the
Slovak Republic must be represented in proceedings concerning the
trademarks by an attorney at law, commercial lawyer, or patent attorney.
Convention: Priority must be claimed on filing the application. The
applicant must state in his application the date of the filing on which
he bases his priority right and the country in which the earlier application
has been filed. These must be confirmed within three months
by means of a document certified by the office responsible for registration.
Multiple priorities are not allowed.
Evaluation & Review
The registration of a trademark begins by filing an application with
the Industrial Property Office. If the mark does not meet the conditions
for registration stipulated by this Act, the Office shall reject the
application. If the application meets all requirements, the Office shall
publish it in the Journal of the Industrial Property Office.
Duration
N/A
Use
The rights to use the trademark may be granted in a license agreement
for all or only some of the goods or services for which it was
registered. The licensee may only be a legal or natural person whose
business activity involves goods and. services for which the mark is
registered. The license agreement shall be effective in respect to third
persons by the registration in the Trademark Register. The proprietor of the trademark must request registration with the Trademark Office
for the license to be effective.
Documents required for registration:
(1) application, including the registration number, a representation
of the mark, and the name and address of the licensor and licensee;
(2) original copy of the certificate of registration, or a duplicate;
(3) certified document confirming the purpose of the activities of
the licensee; and
(4) certified licensing contract, including the name and address of
the licensee and licensor, registration number, representation of
mark, scope of rights afforded in the mark, conditions on which
such rights are afforded, obligation of licensee to maintain quality,
right of the licensor to make sure that such quality is
maintained, term of validity, and conditions for expiration of
the validity of the licensing contract.
Domain Names
No provision
Enforcement
No provision.