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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:
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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
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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
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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.