WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACI6N MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights IPINI1/SVKlT/3 
7 July 1997 
(97-2831) 
Original: Englishll 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
Slovak Republic 
By means of a communication from the Permanent Mission of the Slovak Republic, dated 
21 March 1997, the Slovak Republic has notified the new Trademark Law of the Slovak Republic, 
No. 55 of 6 February 1997, under Article 63.2 of the Agreement.2 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
Republigue slovague 
Par une communication de la Mission permanente de la Republique slovaque datee du 
21 mars 1997, la Republique slovaque a notifie, au titre de l'article 63:2 de l' Accord, la nouvelle Loi 
n° 55 du 6 fevrier 1997 sur les marques. 2 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL pARRAFO 2 
DEL ARTICULO 63 DEL ACUERDO 
Republica Eslovaca 
Mediante una comunicacion de la Mision Permanente de la Republica Eslovaca, de fecha 21 de 
marzo de 1997, la Republica Eslovaca ha notificado su nueva Ley de Marcas de Fabrica 0 de Comercio, 
N° 55, de 6 de febrero de 1997, de conformidad con el parrafo 2 del articulo 63 del Acuerdo.2 
lEnglish only/anglais seulementlingles solamente. 
2With regard to the laws referred to in Article 45 and 46 of this Law, reference is made to documents 
IP/NllISVKlT/l and 2, and IP/NllISVKlIIlIPour les lois mentionnees aux articles 45 et 46 de cette loi, voir 
les documents IP/NIlISVKlT/l et 2 et IP/NllISVKlI/lIRespecto de las leyes mencionadas en 10s articulos 45 
Y 46 de esta Ley, se hace referencia a 10s documentos IP/NllISVKlT/l y 2 e IP/NllISVKlI/l. IP IN 11 ISVKlT 13 
Page 2 
on 55 
LAW 
of 6th February 1997 
Trademarks 
National Council of the Slovak Republic has adopted the following Law: 
PART I 
GENERAL PROVISIONS 
§ 1 
Trademark 
(1) A trademark is a sign consisting of words, including names of persons, letters, numerals~ 
dra\vings, shapes of products or of their packaging, or their mutual combinations, as well as 
combinations of colours, affording a distinctive nature to goods or services of various 
manufacturers and suppliers, registered in the Register of Trademarks (hereinafter referred to as 
"the Register"). 
(2) A collective trademark is a sign referred to in subparagraph 1 thereof, which is capable of 
distinguishing products and services, originated by members of a legal entity established for the 
purpose of protection of their interests or for other purposes (hereinafter referred to only as 
"association of entrepreneurs,,,l) from goods and/or services provided by other entrepreneurs and 
which is registered in the Register. 
§2 
(1) The follovving shall be excluded from registrati~n: 
a) signs \vhich cannot be graphically represented, 
b) signs \vhich have no distinctive capacity, 
c) signs consisting exclusively of indications or elements that serve in the trade to designate the 
kind, quality, quantity, purpose, value, geographical origin or other characteristics of goods or 
services, or, if appropriate, time of production of goods or of rendering of services, IP/NIlISVKlT/3 
Page 3 
d)signs consisting exclusively of marks or indications commonly used in the language or practices 
of the trade. 
e) signs consisting exclusively of the shape of goods or of their packaging related to the nature of 
goods or which is necessary to obtain a technical result, or gives essential utility value to the 
goods, 
f) signs which may be misleading to the public, mainly with regard to the nature, quality or 
geographical origin of the goods or services, 
g) signs whose use would be contrary to public order or morals, 
h) signs whose use \vould be contrary to the obligations of the Slovak Republic under international 
treaties, 
i) signs containing a sign of a great symbolic value, especially a religious symbol. 
(2) The signs referred to in subparagraph 1 (b) to (d) may be accepted and registered in the 
Register if a person or a legal entity filing an application for registration proves the use of the mark 
in the trade at least one year prior the date of filing of the application for the entry in the Register 
(hereinafter referred to only as "application"), such sign has become distinctive in relation to the 
goods or services for \vhich registration is requested. 
§3 
The follo\,ying may not be recognised as the trademark: 
a) signs identical with the trademark with the priority right and \vruch has been registered for 
another holder for identical or similar goods or services, 
b) signs identical with another applicant's registration of a trademark for identical or similar goods 
or services with the priority right 
c) signs identical with a trademark registered for identical or similar goods or services that has 
expired lmder § 15 (1) (a) if the application was filed within two years preceding the expiration 
date of the trademark; this provision shall not apply if the application was filed by the person 
\vho at the time of the expiration of the trademark thereof has been registered as the holder of 
the trademark or its legal successor, 
d) signs in which any of its elements are identical \Vi.th a trademark or an indication for which an 
application \vas filed pursuant to (a) to (c) and there exist a likelihood of confusion or 
association with the earlier trademark. 
§4 
Those signs cannot be recognised where the Industrial Property Office of the Slovak Republic 
(hereinafter referred to only as " the Office"), on the grollllds of opposition filed pursuant to § 9 , 
ascertains that they are: 
a) misleadingly similar to a trademark \vith the priority right if the trademark has been registered 
for identical or sitnilar goods or services, 
b) misleadingly similar to a sign with the priority right if the sign has been registered for identical 
or similar goods or services, IP/N/l/SVK/T/3 
Page 4 
c) identical with or misleadingly similar to a mark which, before filing of the application. , had 
become well-known according to the international treaty 2) through its use in the Slovak 
Republic for goods or services provided by its holder (hereinafter referred to only as l\vell­
known mark"), and if the use of such sign for goods or services \vould show association 
between the thus-marked goods or services and the holder of the \vell-known mark, and if the 
interests of its holder should be infringed by such use, 
d) identical with or misleadingly similar to an unregistered sign which, by having been used during 
at least two years prior to filing of the application, had become characteristic for identical or 
similar goods or services in the Slovak Republic, 
e) identical \vith or misleadingly similar to the trade name or its essential part, registered in the 
Register of Companies or a siInilar register for an entrepreneur \vith identical or similar goods 
or services prior to the date of filing of the application, 
f) identical \vith or misleadingly similar to the forename and surname or an assumed name or a 
likeness of a person if the entry of this sign in the Register could interfere with the rights to 
individual protection, 
g) identical with or misleadingly similar to the subject matter of other industrial property right \vith 
the priority right, 
h) identical with or misleadingly similar to an author's work created prior to :filing of an application 
\vhere by using such sign the author's copyrights should be affected. 
PARTll 
PROCEDURE FOR THE l\'IATTERS CONCERNING A TRADEMARK 
§5 
Application for the Registration of a Trademark 
(1) Registration proceedings shall begin with the filing of the application with the Office. 
(2) The application may be filed by a person or a legal entity (hereinafter referred to only as 
"applicant") for goods or services that are, at the filing date, the subject of their economic activity. 
(3) An application shall contain: 
a) a request for the entry of the sign in the Register, name, surname and domicile address in case of 
a natural perSOll, and nallle or trade name and headquarters if the applicant is a legal entity, 
b) a \vording or representation of the sign; in case of a three-dimensional sign its sUIface 
representation, 
c) list of the goods or services in respect of which the registration is requested. 
(4) Goods or services included in the list under subparagraph 2 ( c) shall be classified In 
accordance \vith the intelnational treaty. 3) 
(5) The application can be filed only for one sign. 
§6 IP/N/1/SVKlT/3 
Page 5 
(1) By filing the application with the Office, where the application contains a request for the 
registration of the sign as a trademark with the information identifying the applicant, which 
complies with the conditions laid down in § 5 (2) (b) and ( c), the applicant shall enjoy the priority 
right asserted against any person who subsequently files an application for registration of a 
trademark identical or confusingly similar to that mark for the goods or services of the same kind. 
(2) The priority right, based on the international treaty, also applies to services; the applicant 
must claim this right in the application and proof of this right must be furnished within the period 
of three months as from filing of the application; failing that the right of priority shall not be 
recognised. 
(3) The priority right under subparagraph 2 can be applied only to one application. 
§7 
(1) Upon the request of the applicant the Office shall permit alteration of the application where 
it concerns the forename, surname or name, or the trade name, headquarters, domicile and 
business address if a change occurred after filing of the application and the amendment of the 
application for registration makes the statement sho\Vll therein to comply with reality without 
affecting the general nature of the trademark. No other changes in the application for registration 
of the trademark shall be authorised. 
(2) After filing of the application the applicant may restrict the list of goods or services for 
\vhich the trademark is to be registered; such restriction cannot be withdrawn. 
(3) Prior to the entry of the trademark in the Register the applicant is entitled to split the 
application containing more than one kind of goods or services to separate applications. The 
priority right of the original application shall be maintained also for the separate applications, 
provided they only include the goods or services listed in the original application. 
(4) By vllitten agreement the applicant may assign his right arising from the application for the 
goods or services which are listed in the application, or for part of them, to another natural person 
or legal entity if these goods or services constitute the subject of his economic activity as of the 
date of the agreement. 
§8 
Examination and Publication of the Application 
(1) The Office shall conduct an examination whether the application complies with the 
conditions laid down by this La\y. 
(2) Where the application does not satisfy the registration conditions specified by la\v the 
Office shall invite the applicant to relnedy the deficiencies \vithin a prescribed period of time. If the 
applicant fails to remedy those deficiencies within the prescribed period of time, the Office shall 
suspend the procedure. The applicant must be advised in advance about this by the invitation 
asking to remedy the defects. 
(3) If the application does not comply 'With registration conditions laid down by law the Office 
shall refuse the application. Before taking this decision the Office shall require from the applicant 
the statelnent concenung the reasons on the basis of \vhich the application is refused. IP/N/lISVKlT/3 
Page 6 
( 4) The provision of subparagraph 3 is 110t applicable if the trademark that is to be registered in 
the Register does not satisfy, as oftlle day offiling, the conditions under § 2 (1) (b) to (d), and if 
the applicant subsequently proves after filing of the application that the sign, having been used in 
the trade for at least one year, had become common for his goods or services in respect of which it 
is registered. The date of filing shall be deemed the day \vhen the documents complying with 
reality were delivered to the Office. 
(5) If the application was not refused pursuant to subparagraph 3 and if it satisfies the specified 
conditions, the Office shall publish the application in the Gazette of the Industrial Property Office 
of the Slovak Republic (hereinafter referred to only as "Gazette"). 
§9 
Opposition against the Entry in the Register 
(1) After publishing the application in the Gazette, a person, affected due to reasons stated in 
§ 4, may, within the peli.od of three months from the publication, file at the Office notice of 
opposition against the entry of the mark in the Register. The opposition must be supported by 
documents justifying the subject matter of the opposition. 
(2) The time limit for filing of opposition against the registration of the registration of the 
trademark in the Register may not be extended. 
§ 10 
(1) The Office shall examine \vhether the opposition has been filed by an authorised person 
pursuant to § 9 (1), and \vhether the opposition is justified and supported by evidence enabling its 
examination. 
(2) The Office shall suspend the opposition procedure if the opposition has been filed with 
delay or by an unauthorised person, and if it is not justified or supported by evidence which would 
enable its examination. The Office shall advise the person who has filed the opposition about the 
procedure having been suspended. 
(3) If the opposition procedure has not been suspended pursuant to subparagraph 2 the Office 
shall advise the applicant of the opposition filed pursuant to § 9 and invites him to make a 
statement related to the opposition within the prescribed period of time. 
(4) If the applicant fails to make a statement regarding the opposition within the prescribed 
period of time pursuant to subparagraph 3 the Office shall suspend the application proceedings. 
The applicant must be, however, warned about this in the invitation to make a statement. 
§ 11 
(1) The Office shall examine, on the basis of the justified opposition wi.th regard to which the 
applicant made a statelnent, \vhether the submitted application for registration in the Register js 
registrable as referred to in § 4. 
(2) If the Office ascertains, pursuant to subparagrapb 1, that the submitted application for 
registration is not registrable it \vill be rejected by the decision of the Office and this decision shall 
be delivered in \vriting both to the applicant and the opponent. § 12 
Registration of a Trademark IP IN 11 ISVKJT 13 
Page 7 
(1) If the requirements for registration of a trademark in the Register laid do'Wll by this Law 
are satisfied the Office shall enter the trademark in the Register. 
(2) By entering the trademark in the Register the applicant acquires the trademark rights and 
becomes the holder of the trademark and the Office shall issue a certificate of registration. 
(3) The Office shall publish the registration of the trademark in the Gazette. 
§ 13 
Term of Protection 
(1) The term of protection for a registered trademark, unless the trademark has expired 
pursuant to § 15, is ten years from filing of the application with the Office (§ 5 (1». 
(2) At the ,request of the trademark holder requesting renewal of a registration submitted at the 
earliest during the final year of the protection period and at the latest mthin six months of its 
expiry (hereinafter referred to only as "application for registration rene\val") the term ofprotectioll 
of the trademark shall be extended for additional ten years. 
§ 14 
Amendment of a Trademark 
At the request of the trademark holder the Office shall permit amendment of the trademark \vhere 
it concerns the forename, surname or name, or trade name or headquarters, domicile, trade 
establishment if this change occurred after the entry of the trademark in the Register and if this 
change serves to adapt the particulars sho\Vll therein to reality without affecting the general nature 
of the trademark. 
§ 15 
Termination of a Trademark 
(1) A trademark is terminated: 
a) on the expiry of the tenn of protection, uuless an application for regb'1ration renewal was filed 
in due time, 
b) on the day of the declaration of renlllciation to the right made by the holder of the trademark 
presented to the Office, this statement has no legal effects if rights of a third party hinders the 
declaration of renunciation. 
c) \vhere the holder of the trademark loses his legal personality, unless the right in the trademark 
has been assigned or transferred to a new holder, 
d) by cancellation of the trademark from the Register pursuant to § 16 and 17 on the decision by 
the Office. IP/N/lISVKlT/3 
Page 8 
(2) A trademark which is the subject to the rights of a third party will cease to exist pursuant to 
subparagraph 1 (b) on the day when the trademark holder provides proof of termination of these 
rights or, the approval of the authorised persons with the cancellation of the trademark. 
(3) The Office enters the termination of a trademark in the Register. 
§ 16 
Cancellation of a Trademark 
(1) The Office shall cancel the registration of a trademark if it ascertains at the request of a 
third party or ex-officio that the trademark was registered contrary to the provisions laid down by 
la\v for registration of trademarks. 
(2) The cancellation pursuant to subparagraph 1 shall not be effected if the trademark has been 
registered contrary to § 2 (1) (b) to (d) but its holder proves that the commercial use of the mark 
began at least one year prior the opening of the cancellation proceedings, and the mark has become 
distinctive for the goods or services of the holder for which the trademark has been registered. 
(3) The Office shall cancel the registration of a trademark if in the proceedings instituted by a 
third party it ascertains that the trademark has not been put to genuine use in the Slovak Republic 
for at least five consecutive years preceding the institution of the cancellation proceedings and the 
trademark holder has not given proper reasons for non-use. 
(4) The Office shall cancel a misleading trademark from the Register if during the proceedings 
instituted by a holder of a trademark with the earlier priority right it ascertains that the contested 
trademark has been registered for identical or similar goods or services. 
The Office shall not cancel the registration if the holder of a trademark \vith the earlier priority 
right has stood for five years the use of the contested trademark in the Slovak Republic. 
(5) The Office shall cancel an identical or a lnisleading trademark from the Register, regardless 
of the goods or services for \vhich it has been registered, if in the proceedings instituted at the 
request of the holder of a well-known mark it asceltains that the use of the contested trademark is 
liable to cause confusion with thus marked goods or services and the holder of the \vell-knO\Vll 
trademark and his interests could be infringed by such us~. The Office shall not cancel the 
registration if the holder of a well-kno\Vll trademark has stood for five years the use of the 
contested trademark in the Slovak Republic. 
(6) TIle Office shall cancel a trademark from the Register if in the proceedings instituted by a 
third party it ascertains that the trademark, as a result of use or failure to use by its holder, has lost 
its distinctive capacity because in the trade relations it has become a general designation for goods 
or services for which it has been registered. 
(7) If the reasons for cancellation of a trademark from the Register refer solely to one part of 
the goods or services for \vhich the trademark has been registered, the Office shall cancel the 
trademark for those goods or services. 
(8) The cancellation of a trademark from the Register pursuant to § 1 to 6 may also be 
effected after the termination of the right in the trademark pursuant to § 15 (1) (a) to c) if the 
claimant proves legal interest. § 17 IP/NIlISVKlT/3 
Page 9 
( 1) The Office shall cancel a trademark from the Register on the grounds of the court decision 
according to which the trademark: 
a) containing the forename and surname or a likeness of a natural person, or his assumed name, 
violates the rights to individual's protection. 
b) containing the name or trade name of a natural person or a legal entity, registered in the 
Companies Register or a similar register prior to filing of the application, interferes \Vith his 
reputation, 
c) interferes with previous copyrights. 
(2) The cancellation shall be effected at the request of an authorised person \Vithin six months 
from the date when the court decision becomes final. 
(3) The Office shall cancel the registration of an identical or a misleading trademark on the 
basis of a court decision according to which the use of such trademark is unfair competition 
because it takes an unfair benefit from the distinctive capacity or the reputation of a world-known 
trademark or it infringes such trademark. The cancellation shall be effected at the request of the 
holder of the world-known trademark within 6 months since the date of the valid court decision. 
(4) The cancellation of a trademark from the Register pursuant to § 1 and 2 thereof may also be 
effected after the termination of the trademark pursuant to § 15 (1) (a) to ( c) if the claimant proves 
legal interest. 
§ 18 
In case of cancellation of a trademark from the Register pursuant to § 16 (1) the registration of this 
trademark in the Register shall be deemed to have never occurred; otherwise the cancellation shall 
be effective from the date of instituting the cancellation proceedings. 
§ 19 
Together with the institution of the cancellation proceedings concerning the cancellation of a 
trademark from the Register pursuant to § 16 the claimant is requested to deposit a sum of 2 500 
Sk. The Office will refund the deposit if in the proceedings it shall be proved that the institution of 
the cancellation proceedings has been filed with proper reason. . 
§ 20 
Specific Provision Concerning Collective Trademarks 
(1) An association of entrepreneurs, as an applicant, can file the application for the registration 
of a collective trademark. 
(2) Together with the application in addition to the formalities referred to in § 5 (2) and (3),the 
following must be attached: 
a) the written contract between all the members of the association in which the conditions of the 
use of the collective trademark are laid down, including the sanctions for their infringement, IP/N/lISVK/T/3 
Page 10 
b) a list of members of the association of entrepreneurs who are entitled to use the collective 
trademark and the address of their headquarters. 
(3) The proceedings concerning the collective trademark are governed by the provisions of 
§ 15 to 19, as appropriate. 
§ 21 
(1) The members of an assoclatlon of entrepreneurs registered in the Register have the 
exclusive right to mark their goods or services ,vith the collective trademark for which it is 
registered or to use it in connection with these goods andlor services. 
(2) At the request of the holder of a collective trademark supported with an agreement 
amending the original association agreement, the Office shall enter the change regarding the list of 
the members of the association of entrepreneurs in the Register. 
(3) At the request of the members of an association of entrepreneurs, the Office will issue an 
extract to each of the members of the association registered in the Register. 
( 4) At the request the Office shall permit the inspection of the association agreement. 
§ 22 
A collective trademark may not be assigned to another holder and may not be licensed or given as 
lien. 
§ 23 
The Office shall cancel a collective trademark from the Register, except in the cases referred to in 
§ 16 and 17 thereof, if the members of the association of entrepreneurs seriously violate the 
agreement on the use of the collective trademark. 
PART ID 
RIGHTS AND OBLIGATIONS IN TRADEMARKS 
§ 24 
Rights of Trademark Holders 
(1) A trademark holder has the exclusive right to affix his goods or services with the trademark 
for which it is registered or use it in connection with those goods or services. 
(2) A trademark holder is authorised to use the "@" mark with the trademark. § 25 IP/N/lISVKJT/3 
Page 11 
(1) Without the authorisation of the trademark holder no one may use a sign which is identical 
\vith or misleadingly similar to his trademark for identical or similar goods and/or services for 
which the trademark has been registered. Accordingly, no one may use this sign in connection with 
these goods or services, in particular, affix it on goods or their packaging, offer or introduce on the 
market thus marked goods or packaging, or store them for this purpose, import or export goods or 
their packaging with this mark or use this mark in the trade, correspondence or advertising. 
(2) The tradenlark holder is entitled to require information about the origin of goods or 
documents accompanying the goods or services from everybody intending to introduce on the 
market goods or services which are luarked \vith a sign identical with or misleadingly similar to his 
trademark. The trademark holder shall prove his rights by presenting the registration certificate or 
an extract from the Register. 
(3) The trademark holder is authorised to require from the publisher of a publication where his 
trademark is reproduced to publish a statement about his rights in this _ trademark, including the 
registration n,umber of the trademark. 
§ 26 
(1) The trademark holder may request from anyone to refrain from the use of the trademark 
or sign confusingly siruilar to his Inark or sign for identical or similar goods or services and may 
request that the thus marked items be withdra\Vl1 from market. 
(2) The holder of a well-knO\Vl1 trademark registered in the Regb"1er may enforce his rights 
under subparagraph 1 thereof regardless of identity or similarity of the goods or services if the use 
of the \vell-knO\Vl1 luark on other goods or services \vould refer to the association between thus 
marked goods or services, and the holder of the well-kno\\Ill nlark and the interest of this holder 
could be infringed by such use. 
(3) If the violation of the trademark rights resulted in a damage, the injured party is entitled to 
his damage be cOll1pensated. If such violation should result in a damage non referring to the 
property the injured palty is entitled to claim reasonable satisfaction \vhich may have a fonn of 
pecuniary settlement. 
(4) Disputes arising from legal situations in respect of trademarks shall be heard and decided by 
the courts. 
§ 27 
Limitations of Trademark Rights 
(1) The holder of a trademark or a \vell-knO\Vll mark is not permitted to claim his rights uncler 
§ 24 to 26 if the trademark or the \vell-knO\Vll mark have not been used in the Slovak Republic 
dUling five consecutive years preceding the date of the rights approval and the holder fails to give 
proper reasons for 11on-use. 
(2) The trademark holder has no right to prohibit to a third party to use the trademark on the 
goods \vhich have been introduced on the market marked with such traclelnark by the holder 
hinlself or \vith his consent. TIlls provision does not apply if, after having brought the goods on tbe 
market, an essential change or deterioration of the state or properties of the goods occuned 
\vithout the holder's fault. JP IN I lISVK/T 13 
Page 12 
§ 28 
Obligations in Trademarks 
(1) The trademark holder shall be required to use the trademark, in particular on goods and on 
their packaging or commercial documents; in promotional, advertising and publicity materials, in 
strict compliance with the form in \vhich it was entered in the Register, or in the form differing 
only in elements that do not change its distinctive capacity. The use of a trademark by a third party 
on the basis of an agreement is considered as the use of the trademark by its holder. 
(2) The trademark holder is bound to tolerate: 
a) if a third patty uses, in commercial relations, the forename surname, address or indication 
concenilug the kind, quality, quantity, purpose, value, geograplllcal origin, date of production 
of goods or services provision, or other characteristics of goods or services despite the fact that 
they are identical with or misleadingly similar to the holder s trademark; only if the indications 
thereof are used in accordance \vith practices of the trade and good morals of economic 
competition, 
b) if a third party uses, in commercial relations, a sign identical with or misleadingly similar to the 
holder s trademark if it is necessary for the designation of the purpose of the goods, mainly of 
their accessories or spare parts, or kind of services provided, where it is used in compliance "vith 
practices of the trade and good morals of economic competition, 
c) the use, in the same extent, of an identical or misleading unregistered sign by the holder if this 
sign, by having been used in commercial relations in the Slovak Republic for at least two years 
before filing of the application, had become common for identical or similar goods or services 
of their holder. 
§ 29 
Assignment and Transfer of Trademarks 
(1) The holder of a trademark may assign his rights in the trademark by a written contract to a 
natural person or a legal entity for all or part of the goods or services for \vhich it has been 
registered. 
(2) A trademark is assigned to a ne\v holder in cases given by special provisions. 4) 
(3) The contract on the assignment of the trademark and on transfer of a trademark enters into 
force on the day of its entry in the Register. The application must be filed by the assignee. 
(4) The assignment or the transfer of a trademark is not permitted \vhere it may result in 
nllsleading of the consumer. In such cases the Office shall refuse the application for the entry of the 
assignnlent or the transfer of the trademark in the Register. 
§ 30 
License 
(1) The right to use a trademark may be granted under the licensing contract 5) in respect of all 
or part of the goods or services for \vhich the trademark has been registered. 
(2) The licensing contract enters into force on the day of its entry in the Register. This entry 
must be requested by the trademark holder. IP/N/1/SVKlT/3 
Page 13 
(3) The licensing contract may not be concluded where it would be liable to misle~d the 
consumers. In such cases the Office shall refuse the application for the entry of the licensing 
contract in the Register. 
§ 31 
Lien on a Trademark 
(1) A trademark is lienable.6) 
(2) The right of lien on a trademark enters into force on the day of its entry in the Register. 
The entry of the trademark lien must be requested by the lienholder. Together with the application 
for the entry of the right of lien in the Register the lienee is obliged to submit to the Office the lien 
agreement with officially certified signatures of the parties. 
§ 32 
Transfer of a Trademark 
If a trademark is registered in a country which is the member country of the International 
Convention7) and it has been registered in the Slovak Republic in favour of a commercial 
representative, an agent or a comnrission agent of the trademark holder (hereinafter referred to 
only as Ilagent") without the consent of the trademark holder, the trademark holder is entitled to 
request the court to take the decision in the trademark transfer. The Office shall enter the transfer 
of the trademark in the Register at the request of an authorised trademark holder. 
§ 33 
Specific Rights and Obligations in Collective Trademarks 
( 1) Unless otherwise provided by Law the holder of a collective trademark has rights and 
obligations with respect to that mark in the exiend as referred to in § 24 to 32. 
(2) The members of an association of entrepreneurs have the rights lmder subparagraph 1 
thereof to the extent provided in the association agreement. 
(3) The tuembers of an association of entrepreneurs in pursuing their economic activities are 
entitled to mark goods or services also with their registered trademark, or with the mark which 
they have the right to use on the basis of the licensing contract. IP/NIlISVKlT/3 
Page 14 
PART IV 
RELATIONS WITH FOREIGN COUNTRIES, 
INTERNATIONAL REGISTRATION OF TRADEl\lARKS 
§ 34 
Relations \vith Foreign Countries 
(1) The provisions of international treaties, agreements and conventions by \vhich the Slovak 
Republic is bound, are not affected by this Law. 
(2) Persons and legal entities \vhich do not have their residence or headquarters in the Slovak 
Republic have the same rights and obligations as domestic applicants or trademark holders. 
(3) Persons and legal entities that do not have their residence or headquarters in the Slovak 
Republic must be represented in the trademarks procedure by an authorised representative. 8) 
§ 35 
International Registration of Trademarks 
(1) Persons and legal entities having their residence or headquarters in the Slovak Republic are 
entitled to apply, with the Office, for the international registration of a trademark, or amendments 
in registration of intelnational registration of a trademark in 
accordance with the International Convention. 9) 
(2) The applicant requesting international registration of a trademark or the registration of 
changes with regard to international registration of a trademark as referred to in § 1, is obliged to 
pay fees in accordance with the Intelnational Convention. 9) The Office shall publish the fees 
provided by the International Convention in the Gazette. 
§ 36 
(1) The international registration of a trademark including the request for affording protection 
in the Slovak Republic has the same effects as the entry of the trademark in the Register performed 
by the Office. 
(2) The time limit for filing the opposition against protection to an internationally registered 
trademark begins on the first day of the month follo\viug the month in \vruch the trademark \vas 
published in the Bulletin of the WIPO Intenlational Bureau. 
(3) If an internationally registered trademark has been refused protection in the Slovak 
Republic, it is deemed to have never been registered in the Slovak Republic. PART V IP/N/lISVKlT 13 
Page 15 
COl\'IMON, TRANSITIONAL AND FINAL PROVISIONS 
§ 37 
Common Provisions 
Unless otherwise provided by Law the proceedings concerning trademarks shall be governed by 
general provisions on administrative proceedings. 10) 
§ 38 
(1) The applicant, or the holder of the trademark shall be the parties to the proceedings 
concerning trademarks or collective trademarks. 
(2) The a:uthorised person who has filed notice of opposition against the entry of a trademark 
in the Register pursuant to § 9, the person authorised pursuant to § 32 and the person requesting 
cancellation of a trademark from the Register shall also be the parties to the proceedings. 
§ 39 
(1) All requests addressed to the Office shall be in a written form in the official language. 
(2) A request shall concern only one trademark or one collective trademark. In case of the 
request for permission to change the indications referring to the person of the holder of a 
trademark or a collective trademark, an application for registration of assignment or transfer of a 
trademark, an application for registration of a representative or of a change in the representative, 
or an application for correction of a error in the application, in the Register or in the Gazette, one 
application may concern more trademarks of the same holder. 
(3) The provision of subparagraph 2 thereof will also apply to identical requests concenling 
more applications of the same trademark holder. 
§ 40 
(1) During the proceedings concerning trademarks the Office may, upon the request, excuse a 
failure to comply with the time limit caused by justified reasons, provided that the party to the 
proceedings files the request within two months from the day when the 
impediment causing the failure to comply ceased to exist, and the remedy is effected within the 
said two months period. 
(2) The request according to subparagraph 1 thereof must contain the matters which justify 
excusing of the failure to comply with the time limit and the date \vhen the reason for failure 
ceased to exist. 
(3) The failure to comply with the time limit for filing of the opposition, the time limit for 
declaring the priority claim, the time limit for filing of an application requesting the cancellation of 
a trademark from the Register pursuant to § 17 (1) and (2) and the time limit for filing of an 
application for registration renevval, shall not be excused. IP/N/lISVK/T/3 
Page 16 
( 4) During the proceedings concerning trademarks no failure to comply with time limit for 
perfolTIling an act after the period of one year from the date when the act was to be performed 
shall be excused. 
(5) The rights acquired in a good faith by a third party during the period running from the 
expiry of the time limit not complied with up to acceptance of justification for failure to comply 
shall not be affected. 
(6) If the party to the proceedings concerning trademarks who submitted the proposal for the 
institution of the proceedings fails to comply with the invitation of the Office requesting to remove 
deficiencies or to amend the filing within the prescribed period of time, the Office shall suspend the 
proceedings; the party of the proceedings must be warned to this effect in advance. The Office 
shall also suspend the proceedings at the request of the person who submitted the proposal ; the 
proposal for suspending the proceedings may not be \vithdra\Vll. 
§ 41 
Upon the request, the Office may permit a third party to inspect the file if this party proves a legal 
interest. 
§ 42 
The appeal against the decision of the Office (\vith the exception of the decision by which the 
failure to comply with the time limit pursuant to § 40 is excused), may be lodged within one month 
from the delivery of the decision. 
§ 43 
(1) The Office keeps the Register wherein important data concerning trademarks are entered. 
The Register is public and open to inspection. 
(2) The Office publishes the Gazette wherein applications for trademarks and collective 
trademarks pursuant to § 8 (5), entries and renewals of registrations of trademarks and changes in 
data concerning trademarks which have been performed after the ent!), of the trademark in the 
Register, are published. 
§ 44 
Provision of Authorisation 
The Office shall regulate by means of the generally binding Decree: 
a) the detailed procedure for filing of applications and partial applications for registration of 
trademarks, 
b) the detailed formalities of the contract concerning the use of a collective trademark, 
c) the detailed formalities concerning the documents proving the distinctive nature of a trademark, 
d) the indications of the application for registration of a trademark published in the Gazette, 
e) the detailed procedure for filing of the opposition against the entry of a sign in the Register as a 
trademark, IP/NIlISVK/T/3 
Page 17 
f) the data entered in the Register and published in the Gazette after the registration. of a 
trademark, 
g) the detailed formalities of the certificate, the duplicate, the extract from the Register and the 
certificate of the priority right, 
h) the detailed formalities of applications requesting the entry of amendments in the Register, 
i) the detailed formalities concerning the request for cancellation of the trademark from the 
Register 
j) the detailed procedure for filing applications for renewal of trademark registration, 
k) the details on keeping of records concerning trademark applications and registered trademarks, 
1) the details concerning correction of errors, 
m)the detailed procedure for filing of applications for registration of international trademarks and 
applications for the entry of changes in the International Register of Marks. 
§ 45 
Transitional Provisions 
(1) The proceedings on applications of trademarks, that are pending as of the date ·of this La\\" 
entering into force, \vill be pursued in accordance \vith this Law, \vhere the applicant shall be 
requested to amend his application in compliance with the provisions laid down by this Law \vithin 
a prescribed period of time. 
(2) The rights and relations in trademarks registered in the Register prior to the entry into force 
of this Law shall be governed by the provisions of this Law. The rights and relations as well as the 
claims arising thereof prior to the entry into force of this La\v shall be exercised according to the 
regulations valid at the time of their establishment. 
(3) The holder of a trademark which was declared \vell-kno\Vll by the Office pursuant to the 
valid regulations, may request the cancellation from the Register of identical or misleadingly 
similar trademarks under the conditions referred to in § 23 (3) of the Law No. 174/1988 Coll. on 
Trademarks \vithin the validity period of the trademark; but at the latest \\ithin ten years from the 
entry into force of this Law. Within this period the holder of a \vell-kno\\TI trademark may also 
file the opposition against the entry of an identical or misleadingly similar sign in the Register 
pursuant to § 9, regardless of the goods or the services for \vhich the opposed sign is filed for 
registration. 
§ 46 
Provision of Repeal 
The follo\ving regulations shall be repealed: 
1. La\v No. 174/1988 Coli. on Trademarks, 
2. Decree of the Invention and Discovery Office No. 187/1988 Coll. on Proceedings in Re 
Trademarks", 
3. Article H. of the La\v of the National COlU1Cil of the Slovak Republic No. 90/1993 Coll. on 
Measures in the Field of Industrial Property La\v. IP/N/1/SVK/T/3 
Page 18 
§ 47 
Effectiveness 
This La\v shall enter into force on 1st March 1997. 
President of the Slovak Republic 
Chairman of the National Council of the Slovak Republic 
Prime Minister of the Slovak Republic 
Notes: 
1) e.g. § 56 and the following of the Commercial Code. 
2) Article 6bis of the Paris Convention on the Industrial Property Protection from March 20. 1883, revised in 
Brussels on December 14, 1900~ in \Vashington. D.C. on June 2. 1911; in Haag on November 6, 1925; in 
London on June 2.1911; in Lisbon on October 31,1959 and in Stockholm on June 14, 1967, promulgated by 
the Decree of the Minister of Foreign Affairs No. 64/1975 ColI. and amended by the Decree of the Minister of 
Foreign Affairs No. 8111985 ColI. 
3) The Nice Convention on International Classification of Goods and Services for the Purposes of Mark Registration 
from June 15, 1957; revised in Stockholm on July 14, 1967 and in Gent on May 13, 1977, promulgated by the 
Decree of the Minister of Foreign Affairs No. 118/1979 ColI. and amended by the Decree of the Minister of 
Foreign Affairs No. 7711985 ColI. 
4) e.g. § 69 and 259 of the Commercial Code, § 460 to 487 of the Civil Code, § 12 to 17 of the Act No. 111/1990 
ColI. on State CAvned Enterprise as amended 
5) § 508 and following of the Civil Code 
6) § 151a and follo\ving of the Civil Code 
§ 297 and follO\ving of the Commercial Code 
7) Paris Convention on the Industrial Property Protection from March 20, 1883, revised in Brussels on December 
14, 1900; in \Vashington, D.C. on June 2. 1911; in Haag on November 6, 1925~ in London on June 2, 1911; in 
Lisbon on October 31, 1959 and in Stockholm on June 14, 1967, promulgated by the Decree of the Minister of 
Foreign Affairs No. 64/1975 ColI. and amended by the Decree of the lvlinister of Foreign Affairs No. 8111985 
Call. 
8) § 40 of the Act No. 237 ColI. on Patent Representatives amended by article IV of the Act of the National Council 
of the Slovak Republic No. 90/1993 ColI. on Measures in the Field of Industrial Property Law. 
9) ?v1adrid Convention on International Registration of Manufacturing or Trademarks from April 14, 1891~ revised 
in Bmssels on December 14, 1900~ in \Vashington. D.C. on June 2, 1911~ in Haag on November 6, 1925~ in 
London on June 2, 1934~ in Nice on June 15, 1957 and in Stockholm on July 14, 1967 promulgated by the 
Decree of the Minister of Foreign Affairs No. 6511975 Call. amended by the Decree of the Minister of Foreign 
Affairs No. 7811985 ColI. 
10) Act No. 7111967 ColI. On Administrative Proceedings (the Administrative Code).