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Is there a time frame for the trademark registration approval?
The average time frame for the registration approval is 8 months, if no objections or oppositions arise.
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If I register my trademark in Slovenia, do I have protection in other territories?
No. Slovenia is the territorial limit of the protection.
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Do I need to sign a Power of Attorney?
Yes. A power of attorney is required to complete the application.
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Are there any benefits from a pre-filing use of the trademark?
Rights to a trademark are primarily established through registration. However, pre-filing use offers minimal benefits such as:
- Demonstrate the mark’s acquired distinctiveness
- Dismiss oppositions based on non-distinctiveness
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Will there be problems in case I don’t use my trademark after registration?
Not using a registered trademark makes it vulnerable to cancellation.
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What are the types of trademark that can be registered in Slovenia?
Marks which are capable of being recreated graphically and adding distinction to the good or service are registrable.
- Words
- Names/personal names
- 3-dimensional shapes
- Motions
- Devices
- Holograms
- Colors
- Sounds
- Slogans
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What are the phases of application after a trademark has been filed in Slovenia?
The process of trademark application in Slovenia in its proper order is as follows:
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Examination – All applications will be examined in terms of:
- Compliance with the requirements
- Goods and services must be properly classified
- The mark is clearly described and easy to understand
- The mark is distinct or different from others
- The mark is not deceiving
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Publication – Third parties will be given an opportunity to initiate a dispute or opposition. Information about the application will be made accessible to everyone:
- Mark
- Applicants’ name and address
- Applicants’ state/country of incorporation
- Application’s date and number
- Goods and/or services
- Information on priority claim
- Trademark representation
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Registration – If the application was not rejected during the examination phase and if all oppositions are dismissed, the trademark office will then issue the registration certification.
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What type of trademark is non-registrable?
The trademark law of Slovenia prohibits the registration of any of these marks:
- Marks that are not compatible with moral principles and public order
- Generic marks and common words
- Names/flags/symbols of international organizations or nations/regions/states
- Marks that are lacking in distinctive qualities
- Names of geographic locations
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Does Slovenia use the "Nice Classification" system?
Yes. Nice Classification is effective in Slovenia. A single application is sufficient to allow the trademark to cover multiple classes of goods/services.
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Does the Community Trademark apply for Slovenia?
Yes. Slovenia is a European Union member which makes the Community Trademark (currently European Union Trade Mark) registration effective in this jurisdiction.
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Is there any possibility to claim priority in Slovenia?
Yes. The home filing date can be recognized as the Slovenia filing date if:
- Home country is a signatory of the Paris Convention
- Home filing date does not exceed 6 months from the date of filing in Slovenia
- Home country is a WTO (World Trade Organization) member
- International registration can be based in Slovenia
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What do I need to do to satisfy the use requirement?
The mark must be used within 5 years from the date it was registered and there should be no 5-year gap between each genuine use. Use must be on a business scale and must occur in the territory of Slovenia.
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Once my trademark has been registered, for how many years will be valid?
Registered marks in Slovenia are valid for 10 years starting from the application date.
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What will be the renewal date of my trademark?
The first renewal date is computed 10 years from the filing of application date.
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Is it legal to use my trademark even if it is not yet registered?
Use of unregistered marks for selling goods or services is legal.