506/2009 Coll. of Laws of the Slovak Rep.  
 
ACT 
 
of October 28, 2009  
 
on Trade mark s 
 
Amendment: 125/2016 Coll. of Laws of the Slovak Rep.  
Amendment: 242/2017 Coll. of Laws of the Slovak Rep.  
Amendment: 242/2017 Coll. of Laws of the Slovak Rep.  
Amendment: 291/2018 Coll. of Laws of the Slovak Rep.  
 
The National Council of the Slovak Republic has adopted the following Act : 
 
PART ONE  
 
BASIC PROVISIONS  
 
§ 1 
 
Subject -matter of regulation  
 
This Act governs the rights and obligations relating to legal protection of trade mark s and proceedings in trade mark  
matters  before the Industrial Property Office of the Slovak Republic (hereinafter referred to as the "Office").  
 
§ 2 
 
Sign  that may constitute a trade mark  
 
A trade mark  may consist of any s ign, in particular words, including personal names, designs , letters , numer als, 
colours , the shape of goods or of the packaging of goods, or sounds, provided that such sign is capable of  
(a) distinguishing the goods or services of one person from the goods or services of another person and  
(b) be ing represented i n the trade mark  register of the Industrial Property Office of the Slovak Republic (hereinafter referred to as 
the "Register") in a manner which  enables the competent authorities and the public to deter mine the clear and precise subject -
matter of the protection afforded  to the trade mark  proprietor . 
 
§ 3 
 
For the purposes of this Act  
(a) an international trade mark1) shall mean  a trade mark  entered in the Trade Mark Register of the International Bureau of the 
World Intellectual Property Office (hereinafter referred to as "International Register") , 
(b) a European Union trade mark2) (hereinafter referred to as "EU trade mark") shall mean a trade mark  entered in the European 
Union  Trade Marks Register (hereinafter referred to as " EU Register") , 
(c) well-known trade mark  shall mean  a trade mark  pursuant to an international convention , 3) 
(d) repealed as of January 14, 2019.  
§ 4 
 
Earlier trade mark  
 
For purposes of this Act, an earlier trade mark  shall mean  
(a) a trade mark  entered in the Register with an earlier priority right;  
(b) an international trade mark  with effects in  the Slovak Republic with an earlier priority right;  
(c) an EU Trade Mark with an earlier priority right or earlier seniority right;  6) 
(d) a sign that is the subject -matter of a trade mark  application (hereinafter referred to as "application"), if it is entered as a trade 
mark  referred to in (a) or (c). 
Grounds for refusal  of the entry of a sign into the Register  
 
§ 5 
 
(1) A sign shall  not be entered in the Register if 
(a) it cannot form a trade mark pursuant to s ection 2,  
(b) it is devo id of any distinctive character,  
(c) it consist s exclusively of signs or indications which may serve, in trade, to designate the kind, quality, quantity, intended 
purpose, value, geographical origin or the time of production of goods or of rendering of service s, or other characteristics of 
goods or serv ices, 
(d) it consist s exclusively of signs or indications which have become customary in the current  language or in bona fide and  
established practices of trade,  
(e) it consist s exclusively of the  shape , or another characteristic , of a product  which result s from the nature of the product itself  or 
which is necessary to obtain a technical result, or which gives substantial value to the product , 
(f) it is contrary to "orde r public" or to accepted principles of morality , 
(g) it may deceive the public in particular as to the nature, quality, geographi cal origin of goods or services,  
(h) it contain s signs protected in accordance with an international convention  7) without the consent of competent authorit ies, 
(i) its use would be contrary to a special piece of legislation or to obligations resulting for the Slovak Republic or the European Union from international treaties, providing in particular for the protection of designations of origin and geographical indi cation s, 
traditional terms for wines and traditional specialties guaranteed, 7a)  
(j) it include s a sign of high symbolic value, in particular  a religious symbol,  
(k) it include s badges, emblems or escutcheons other than those covered by an international conventi on 7), without the consent of 
the competent authorit ies,8) and which are of public interest , 
(l) it is the subject -matter  of an application not filed in good faith,  
(m) it consist s of, or reproduce s in its essential elements, an earlier plant variety denomination registered in accordance with a 
special piece of legislation or an international treaty to which the Slovak Republic or the European Union is party, providin g 
protection for plant variety rights 8a), and if it is in respect of plant varieties of the same or closely related species . 
(2) The sign stated in subsection (1)(b) to (d) shall be entered into the Register  if the applicant proves that , before the 
date of filing the application, the sign ha s become distinctive in relation to goods or servic es, for which registration is requested , in 
consequence of the use which has been made of it within the territory of the Slovak Republic or in relation to the territory of the 
Slovak Republic.  
§ 6 
 
Repealed as of January 1, 2019  
 
§ 7 
 
A sign shall not be entered into the Register on the basis of oppositions against the entry of the sign into the Register 
(hereinafter referred to as "oppositions") filed pursuant to section 30  
(a) by the proprietor  of an earlier trade mark if  
1. the sign  is identical with an earlier trade mark and the application is for identical goods or services, or  
2. because of its identity with, or similarity to, the earlier trade mark  and the identity or similarity of goods or services covered by 
the sign and the earlier trade mark  there exists a likelihood of confusion on the part of the public; the likelihood of confusion 
include s the likelihood of association with the earlier trade mark ; 
(b) by the proprietor of an earlier trade mark , if because of identity of the sign with, or sim ilarity to, the earlier trade mark , which 
has a reputation in the territory of the Slovak Republic or in the case of a EU trade mark  has a reputation in the European Union , 
the use of such sign for goods or services, which are identical with, similar to or not similar to those for which the earlier trade 
mark  is registered, without due cause would take unfair advantage of, or be detrimental to, the distinctive character or the repute 
of the earlier trade mark ; 
(c) by the user of a well known trade mark , if the sign is identical with the well known trade mark  which became well known by its 
use in the territory of the Slovak Republic or in relation to the territory of the Slovak Republic before the filing date of an 
application for such sign for such user, and goods or services, which are covered by the  sign and well known trade mark , are 
identica l; 
(d) by the user of a well known trade mark , if because of identity of the sign with, or similarity to, the well known trade mark , 
which, before the filing date  of the application for such sign , became well known by its use in the territory of the Slovak Republic 
or in relation to the territory of the Slovak Republic for such user, and identities or similarities of goods and services wh ich are 
covered by the sign and well known trade mark , there exists a likelihood of confusi on on the part of the public; the likelihood of 
confusion includes the likelihood of association with the well known trade mark ; 
(e) by the proprietor of a trade mark , protected in a state or in relation to a state which is a party to the Paris Convention for the 
Protection of Industrial Property or a member of the World Trade Organization, 5) if an applicant, who is or was a n agent of the 
proprietor of that trade mark  or is his representative on the bas is of another legal relationship (hereinafter referred to as " agent "), 
requested the entry of the sign on his own behalf without the consent of its proprietor; this shall not apply if  the agent had 
legitimate reasons  for such action;  
(f) by the user of a non-registered sign  or the user of another sign u sed in the course of trade, if the right with respect to th at sign 
arose prior to the application filing date and the sign is of more than only local  significance , if bec ause of identity of the sign, being 
applied for, with, or its similarity to, a non-registered sign or another sign used in the course of trade and identity or similarity of 
goods or services to which th ose signs are related there exists a likelihood of confusion on the part of the public; the likelihood of 
confusio n includes the likelihood of association with the non -registered sign or with another sign used in the course of trade.  
(g) by a natural person, if using of such sign would infringe his/her rights of privacy9) or by the natural person entitled to set up a 
claim to a right of privacy;  
(h) by the proprietor of an earlier industrial property right ,10) if use of such sign would infring e these rights;  
(i) by the person whose rights to a copyright  work would be infringed by the use of the sign, if such work was made prior to the 
filing date of the application;  
(j) by a person whose rights are affected by an application which has not been filed in good faith.  
  
PART TWO  
 
RIGHTS CONFERRED BY A TRADE MARK  
 
§ 7a 
 
Trade mark proprietor  
 
 The proprietor of a trade mark is considered to be a legal entity or a natural person entered as the proprietor in the 
Register, unless a court decides otherwise.  
  
§ 7b 
 
Co-proprietorship of a trade mark  
 
 (1) Each of the co -proprietors of a trade mark has the right to use the trade mark, unless the co -proprietors of the trade 
mark agree otherwise. In case of unauthorized interference with the exclusive rights in accordance with section 8, each of the co -
proprietors of the trade mark can assert claims in accordance with section 8a by a court action according to the Code of Cont entious 
Civil Procedure or a motion in accordance with a special piec e of legislation.10a) As soon as the proceedings according to the 
previous sentence have started or have been finally ended , court actions according to the Code of Civil Procedure  or motions in 
accordance with a special piece of legislation10a) of other c o-proprietors  of the trade  mark for the same claims from the same 
unauthorized in ference  are not permissible; this is without prejudice to the right of th ose co -proprietors  of the trade  mark to intervene in the started proceedings on the plaintiff's side. Final decisions on claims in accord ance with  section  8a(1) issued on the basis of 
a court action of even just one co -proprietor of the trade  mark are also binding for other co -proprietors of the trade  mark; this does 
not affect the right of co -proprietors of the trade  mark to assert claims in accord ance with section  8a(2). 
 (2) Granting the right to use a trade  mark to a third party requires the consent of all co -proprietors  of the trade  mark, 
unless the co -proprietors of the trade  mark agree ot herwise; this does not affect the right of a co-proprietor  of the trade  mark to 
dispos als of his co -proprietorshi p share in accord ance with sections 17, 18 and 21.  
 (3) An agreement on cancellation of the co-ownership of a trade  mark and mutual settlement must be in writing, otherwise 
it is invalid. The agreement according to the first sentence acquires legal effects vis -à-vis third parties on the day of entry into the 
Register.  
 (4) If the co -proprietor of the trade  mark has no l egal successor, after the death or cessation of the existence  of the co -
proprietor  of the trade  mark, his share shall be transferred to the other co -proprietors  of the trade  mark in a proportion 
corresponding to their co -proprietor  shares; this also applie s if the co -proprietor  of the trade  mark gives up his share.  
  (5) Subsections 1 to 4 shall be applied mutatis mutandis to legal relations hips between co -applicants.  
  (6) Provisions of the Civil Code on ownership in common ,10b) shall be applied mutatis mutandis  to the legal relations hips 
between co -proprietors of a trade  mark, unless subsections  1 to 5  provide otherwise . 
  
§ 7c 
 
Use of a t rade  mark  
 
 (1) If, within five years fo llowing  the date of the entry of a  trade  mark in the Register, the proprietor  has not put the trade 
mark to genuine use in connection with the  goods or services in respect of which it is registered, or if such use has been suspended 
for a continuous period of five years, the trade  mark shall be  subject to the  consequences provided for in section  14a, section  32(4) 
and (5), section  34(1)(a) and section  37a(4) and (5); this does not apply if the trade  mark proprietor has legitimate reasons  for no n-
use of  the trade  mark.  
 (2) The following shall also constitute use of a trade  mark within the meaning of subsection 1: 
(a) use of the trade  mark in a form differ ing from the form in which the trade  mark was registered only in elements which do not 
alter its distinctive  character ; this a lso applies if the trade  mark in the form as used is also registered as another trade mark  for the 
same proprietor , 
(b) affixing of the trade  mark to goods or to the packaging thereof in the territory of the Slovak Republic concerned solely for export 
purposes . 
 (3) Use of a trade  mark with the consent of the proprietor  and use of a collective trade mark  by a person authorized to 
use a collective trade mark  pursuant to section  45(1) shall be considered to constitute use by  the proprietor . 
 (4) Use of the EU trade  mark shall be  assessed according to a s pecial piece of legislation .10ba)  
 (5) In the case of a n international trade  mark, for the purposes of subsection  1, the date of the entry shall be  considered 
to be the date of granting protection to the international trade  mark for the territory of the Slovak Republic.  
 
 
§ 8 
 
(1) The proprietor of a trade mark  shall have an exclusive right to use the trade mark  in relation to the goods or 
services, for which the trade mark  is registered. The proprietor of a  trade mark  shall be entitled to use the sign ® with the trade 
mark . 
(2) Unless section 14 to 15 provide o therwise and without prejudice to the rights acquired before the application filing 
date or the priority date of the trade mark, third parties must not, without the consent of the proprietor of the trade mark, use in the 
course of trade, in relation to goods or services, a sign 
(a) identical with the trade mark for goods or services which are identical with those  for which the trade  mark is registered;  
(b) if due to its identity or similarity with the trade mark  and identity or similarity of goods or services, there exists a likelihood of 
confusion on the part of the public; the likelihood of confusion includes the likelihood of asso ciation between the  trade mark and 
the sign;  
(c) identical with, or similar to, a trade mark having a reputation in the ter ritory of the Slovak Republic, where use of th at sign, in 
relation to goods or services which are identical with, similar to,  or not similar to, those for which the trade mark is registered, 
without due cause takes unfair advantage  of, or is detrimental to, the distinctive character or the repute of the  trade mark.  
(3) The following, in particular, shall be considered use of a sign under subsection 2:  
(a) affixing the sign to the goods or to the packaging thereof,  
(b) offering the goods or putting them on the market, or stocking them for those purposes, under the sign, or offering or supplying 
services thereunder,  
(c) importing or exporting the goods under the sign,  
(d) using the sign on business correspondence and in advertising,  
(e) using the sign as a trade name or legal entity name or part of a trade name or legal entity name,  
(f) using the sign in comparative advertising in a manner that is contrary to a special piece of legislation. 10bb)  
(4) Without prejudice to the rights acquired before the application filing date or the priority date of the trade  mark, the 
proprietor of that trade mark shall also be entitled to prevent all third parties from bringing  goods, in the course of trade, into the 
Slovak Republic , without being released for free  circulation in the Slovak Republic , where such goods, including the packaging 
thereof, come from third countries and bear without authori zation a sign which is identical with the trade mark regis tered in 
respect of such goods; this does not apply if, during the proceedings to determine whether an intellectual  property right has been 
infringed, initiated in accordance with a special piece of legislation,10bc) evidence is provided by the declarant or the holder of the 
goods that the proprietor of the trade mark is not entitled to prohibit the placing of the good s on the market in the country of final 
destination.  
(5) If the reproduction of a trade mark in a dictionary, encyclopaedia or similar reference work, in print or electronic 
form, gives the impression that it constitutes the generic name of the goods or se rvices, the publisher of the work may be 
requested by the proprietor of the trade mark to publish without delay , in the case of a work in printed form at the latest in the next 
edition of the work , data from which it is obvious that a trade mark is reprodu ced in the work.  
(6) Where a trade mark is entered in the Register in the name of an agent of the proprietor of that trade mark, protected 
in a state or in relation to a state that is a party to the Paris Convention for the Protection of Industrial Property or a member of the 
World Trade Organization,5) without the proprietor's consent, the latter shall be entitled to prohibit him from using that trade mark; 
this shall not apply where the agent  had legitimate reasons  for his action.  
(7) Wh ere the risk exists that the packaging, labels, tags, security or authenticity features or devices, or any other 
means to which the trade mark is affixed, could be used in relation to goods or services and that use would constitute an 
infringement of the r ights of the proprietor of a trade mark under subsections (2) and (3), the proprietor of that trade mark shall have the right to prohibit the following acts if carried out by third parties in the course of trade:  
(a) affixing a sign identical with, or simi lar to, the trade mark on packaging, labels, tags, security or authenticity features or 
devices, or any other means to which the trade mark may be affixed;  
(b) offering or placing on the market, or stocking for those purposes, or importing or exporting, pa ckaging, labels, tags, security or 
authenticity features or devices, or any other means to which the sign is affixed.  
 
 
§8a 
 
(1) In the case of unauthorized interference with exclusive rights pursuant to section 8(1) and (2) , the proprietor of a 
trade mark may demand, in particular, that the violation of the right or the endangering of the right be prohibited and the 
consequence s of this interference be removed.  
 (2) If damage has been caused by interference with the rights pursuant to subsection 1, the proprietor  of the trade mark 
has the right to compensation for the damage, including lost profit. If non -proprietary damage has been caused by interference 
with the rights pursuant to subsection 1, the proprietor of the trade mark  has the right to adequate satisfaction, which may also be 
monetary performance.10c) The right to the recovery of property obtained as a result of unjust enrichment as a result of 
interference with the rights under subsection 1 is not affected by this.  
 (3) The proprietor of the trade mark has rights pursuant to subsection 2 also as a result of interference pursuant to 
subsection 1 which occurred after the publication of the application; however, exercising these rights shall be possible only  as 
from the dat e on which the effects of the entry of the trade mark  begin.  
 (4) The right to compensation for damages or the right to adequate satisfaction in money pursuant to subsection 2 shall 
become time -barred three years from the date the proprietor of the trade m ark becomes aware of the damage or non -proprietary 
damage and of who is responsible for it; when exercising the rights pursuant to subsection 3 there will be no time bar earlier than 
three years of the date on which the effects of the entry of the trade ma rk begin. At the latest, the right to compensation for 
damages or the right to adequate satisfaction in money pursuant to subsection 2 shall be time -barred five years, and in the case 
of damage or non -proprietary damage caused intentionally, ten years from  the day when the rights pursuant to subsection 1 were 
interfered with, or from the date from which the effects of the entry of the trade mark  take effect, whichever of these facts occurs 
later.  
 (5) The right to the recovery of property obtained as a resu lt of unjust enrichment pursuant to subsection 2 shall 
become time -barred three years after the proprietor of the trade mark learns that unjust enrichment has occurred and who has 
enriched himself at his expense; when exercising the rights pursuant to subsection 3 the time bar shall not occur earlier than 
three years from the date on which the effects of the entry of the trade mark  begin. At the latest, the right to the recovery of 
property obtained as a result of unjust enrichment pursuant to subsection 2 shall be time -barred five years, and in the case of 
intentional unjust enrichment, ten years from the date when the rights pursuant to subsection 1 have been interfered with or from 
the date from which the effects of the entry of the trade mark  begin, whic hever of these facts occurs later.  
 (6) Provisions of the Civil Code shall apply to legal relationships that have arisen as a result of the interference with 
rights pursuant to subsection 1, unless otherwise provided in subsections 1 to 5. 
 
Heading repealed as of  January 1, 2019  
 
§ 9  
 
Repeal ed as of January 14, 2019  
 
§ 10  
 
Repealed as of January 14, 2019  
 
§ 11 
 
Right to information  
 
 (1) In the case of unauthorized interference with the rights protected by this Act, the proprietor of a trade mark  may 
request that the person who violates or endangers his rights provide him with information regarding the origin and distribution 
networks of goods  or services and the circumstances of placing the goods or services on the market.  
 (2) The information pursuant to subsection 1 shall contain in particular  
(a) the first and last name or business name , or name and permanent residence, or place of business , or registered office of the 
manufacturer, processor, storer, distributor, supplier, seller, intended seller and other previous holders of goods holders or service 
provider,  
(b) data on the produced, processed, delivered or ordered quantity and th e price of the respective goods  or services.  
 (3) A ny person who  
(a) possesses goods that violate or endanger rights pursuant to this Act,  
(b) uses services that violate or endanger rights pursuant to this Act,  
(c) provides services used in activities related to a violation or endangering of rights pursuant to this Act, or  
(d) has been designated by a person mentioned in paragraphs  (a) to (c) as a person involved in the production, processing or 
distribution of p roducts or the provision of services violating rights pursuant to this Act,  
is obliged to provide information pursuant to subsections 1 and 2.  
 (4) The court shall not grant the right to provide information if the possible consequences of its exercise woul d be 
disproportionate to the seriousness of the consequences resulting from the fulfilment  of the imposed obligation.  
 
§ 12 
 
Judicial protection of rights  
 
 (1) Disputes concerning trade mark s shall be discussed and decided by courts.10d)  
 (2) Upon motion of a proprietor of a trade mark, a court shall order that goods, materials or instruments through which a 
violation or endangering of rights protected by this Act directly occurs be  
(a) recalled from the channels of commerce,  
(b) definitively removed from the channels of commerce,  
(c) otherwise secured in a manner preventing further violations or endangering of a right ; a simple removal of an unlawfully used sign from counterfeited goods shall not be considered a means preventing f urther violation of a right,  
(d) destroyed in an appropriate manner.  
 (3) Measures pursuant to subsection 2 shall be carried out at the expense of the person violating or endangering the 
rights protected by this Act, unless special circumstances justify a different procedure.  
 (4) The motion pursuant to subsection 2(d), in the part concerning the method of destruction, it is not binding on the court.  
§ 13 
 
Security on the part of the movant for a preliminary injunction  
 
 (1) In the resolution ordering a pre liminary injunction,12) a court may, even without a motion, impose on the movant the 
obligation to post monetary security in an adequate amount or make the enforceability of the preliminary injunction condition al on 
the posting  of a monetary security. When deciding on the amount of the monetary security, the court shall take into account the 
extent of the damage or other loss that may be incurred by the adverse party  when the preliminary injunction is carried out , as well 
as the movant 's possibilities in terms of property ; the imp osition of the obligation to post security must not be a significant obstacle 
to an effective application of the law.  
 (2) A final legally awarded compensation for damages or other loss shall be satisfied from the posted security pursuant 
to subsection 1.12a) The obligation to compensate for damage or other loss that has not been satisfied from this security shall not 
be affected by this.  
 (3) The court shall return the posted security pursuant to subsection 1 or its proportional part to the movant, if  
(a) the injured party does not assert a claim for compensation for damages or other loss12a) in court within six months from the date 
on which the injured party became aware of the occurrence of the damage or other loss, but no later than three years from the  
order of the preliminary injunction,  
(b) an agreement of the parties on the use of monetary security has been presented to the court or  
(c) the movant has succeed, wholly or partially, in rem. 
 
§ 14 
 
Limitation of trade mark  rights  
 
1. A trade mark  shall not entitle its proprietor to prohibit a third party from using, in the course of trade:  
(a) the firs t name and last name or address of the third party, where that third party is a natural person;  
(b) signs or indications which are not distinctive o r which concern the kind, quality, quantity, intended purpose, value, 
geographical origin, the time of production of goods or of rendering of the service, or other characteristics of goods or ser vices;  
(c) the trade mark  for the purpose of identifying or r eferring to goods or services as those of the proprietor of that  trade mark , in 
particular, where the use of the trade mark  is necessary to indicate the intended purpose of a good or service, in particular as 
accessories or spare parts.  
(2) Subsection 1 shall only apply where the third party uses the data under subsection 1  in accordance with trade 
usage, morality and the rules of business competition . 
(3) The proprietor of a  trade mark  is obliged to suffer situations where a third party us es, in the course  of trade, a sign of 
only local significance, the use of which started prior to the application filing date or prior to the priority right of the trade mark  and 
the scope of the use of which has not changed.  
§ 14a  
 
Non-use of a trade mark  as a procedural defense in trade mark  infringement proceedings  
 
(1) The proprietor of a trade mark  shall be entitled to seek  the prohibit ion of  the use of a sign only to the extent that his 
rights are not liable to be revoked pursuant to section 34(1)(a) at the time of bringing the court action .  
(2) At the request of  the defendant, the proprietor of the trade mark  shall furnish proof that, during the five -year period 
preceding the date of br inging the court action, the trade mark  has been put to genuine use (section 7c)  in connection with the 
goods or services in respect of which it is registered and which are cited as justification for the court action, or that there are 
legitimate  reasons f or non -use thereof , provided that at the date of bringing the court action  at least five years have past since the 
entry of the trade mark . 
 
§ 14b  
 
Procedural defense of the proprietor  of a later trade  mark in trade mark infringement  proceedings  
 
 (1) The proprietor o f a trade  mark shall not be entitled to seek the prohibition to use of a later trade  mark if the later trade  
mark could not be declared invalid  
a) because the conditions for declaring a trade  mark invalid, which relate to the distinctive character  of the trade  mark, the increased 
distinctive  character of the trade  mark necessary for establishing the likelihood of confusion pursuant to section 7(a) point 2 or the 
reputation of the trade  mark pursuant to  7(b), were not fulfilled on the application filing date or on the priority date of the later trade 
mark  or 
b) pursuant to section 35a(1) or section  37a(4). 
(2) The proprietor of a trade mark shall not be entitled to seek  the prohibition of  the use of a later EU trade mark where 
that later trade mark would not be declared invalid pursuant to a special piece of legislation.12b)  
(3) Where the proprietor of a trade mark is not entitled to seek the prohibition of the use of a later trade mark pursuant to  subsection 
1 or 2, the proprietor of that later trade mark shall not be entitled to seek the prohibit ion of  the use of the earlier  trade mark in trade 
mark infringement proceedings, even though that earlier trade mark  cannot longer be invo ked against the later trade  mark.  
§ 15 
Exhaustion of trade mark  rights  
 
(1) A trade mark shall not entitle its proprietor to prohibit its use by third parties in relation to goods which have been p ut 
on the  market in a state being a contracting party to th e Agreement on the European Economic Area  under that trade mark by the 
proprietor of the trade mark or with his consent.  
(2) Subsection 1 shall not apply where there exist legitimate reasons for the proprietor of the trade mark to oppose further commercialization of the goods, especially where the condition of the goods is changed or impaired after they have be en 
put on the market.  
 
§ 16 
 
Repealed as of January 14, 2019  
 
§ 17 
 
Trade mark  assignment  
 
 (1) A trade mark can be assigned to another person for all goods and services for which the trade mark is registered or 
for some of them. The contract for the assignment of a trade mark  must be in wr iting, otherwise it is invalid.  
 (2) The assignment of a trade mark shall acquire legal effects vis -à-vis third parties on the date of entry of the assignment 
in the Register. The rights of third parties acquired prior to the date of the entry of the assignment of the trade mark in the Register 
shall remain preserve d. The entry of the assignment of a trade mark  in the Register shall be carried out by the Office on the basis 
of a request , which any of the contracting parties is authorized to file. The Office shall refuse  a request for the entry of the assignment 
of a trade mark  unless the requester attaches documents proving the assignment of the trade mark  to the request; before deciding 
on the refusal  of the request for the entry of the assignment of the trade mark , the Office shall allow the requester to comment on 
the established reasons on the basis of which th at request is supposed to be refused . 
 (3) The acquirer of the t rade mark  may perform acts towards the Office only after receiving the request for the entry of 
the assignment of the trade mark ; this does not apply to filing a request pursuant to subsection 2 and filing a request for renewal of 
the registration of a trade mark pursuant to section 22(2) . 
 (4) The Office shall refuse  the request for entry of the assignment of a trade mark, if the assig nment of the trade mark 
could be deceptive to the public on the nature, quality or geographical origin of the goods or services for which the trade m ark is 
registered.  
(5) If the assignment of the trade mark could be deceptive to the public pursuant to sub section 4 only for some goods or 
services for which the trade mark is registered, the Office shall refuse  the request for the entry of the assignment of the trade mark 
only to the extent of those goods and services.  
(6) Subsections 1 to 5 shall also be applied mutatis mutandis to the assignment of rights resulting from the application.  
 
§ 18 
 
Trade mark transfer  
 
 (1) A trade mark is transferred to a new proprietor in cases stipulated by a special piece of legislation. 14) 
 (2) The transfer of a trade mark shall acquire legal effects vis -à-vis third parties on the date of entry of the transfer in the 
Register. The rights of third parties acquired prior to the date of the entry of the transfer of the trade mark in the Regist er shall 
remain pre served. The entry of the transfer of a trade mark in the Register shall be carried out by the Office on the basis of a reques t 
of its original proprietor or its new proprietor. The Office shall refuse  a request for the entry of the transfer of a trade mark unless 
the requester attaches documents proving the transfer of the trade mark to the request; before deciding on the refusal  of the request 
for the entry of the transfer of the trade mark, the Offic e shall allow the requester to comment on the established reasons on the 
basis of which that request is supposed to be refused . 
 (3) The new proprietor of the trade mark may perform acts towards the Office only after the request for the entry of the 
transf er of the trade mark  has been delivered; this does not apply to request filings under subsection 2 and to the filing of a request 
for renewal of the registration of a trade mark pursuant to section 22(2) . 
 (4) Subsection s 1 to 3 shall also be applied mutat is mutandis to the transfer of rights resulting from the application.  
§ 19 
 
The proprietor of a trade mark  protected in the state or in relation to the state which is a party to the Paris Convention for the 
Protection of Industrial Property or a member of the World Trade Organization, 5) may file a  motion at a court for the determination 
of his right to the ent ry of a  change of the proprietor of the trade mark , if the trade mark  has been entered in the Register in the 
name of his agent. The court shall refuse  the motion if the agent has a legitimate reason for his act s. On the basis of a final court 
decision , the Office shall enter  the change of the proprietor of the trade mark . 
§ 20 
 
License contract  
 
 (1) The proprietor of a trade mark  may grant another person the right to use a trade mark for some goods or services or 
for all goods or services for which the trade mark has been registered  (hereinafter referred to as the "license") by means of a license 
contract.  
 (2) The license shall acquire legal effects vis -à-vis third parties on the date of entry into the Register. The entry of the 
license shall be carried  out by the Office based on a request for the entry of the license, which any of the parties to the license 
contract is authorized to file. The Office shall refuse  the entry of the license unless the requester attaches to the request the 
documents proving the license; before deciding on the refusal  of the request for the entry of license, the Office shall allow the 
requester to comment on the established reasons on the basis of which the request for the entry of the license is supposed to  be 
refused . 
 (3) T he proprietor of a trade mark may grant an exclusive license or a non -exclusive license by means of a license 
contract. Unless it has been agreed in the license contract that the p roprietor of a trade mark  has granted an exclusive license, it 
holds that he  has granted a non -exclusive license.  
 (4) If the proprietor of a trade mark has granted an exclusive license, he must not grant the license to a third party and is 
obliged, unless otherwise agreed in the license contract, to refrain from using the trade m ark. The licensee of the exclusive license 
is obliged to use the trade mark (section 7c), unless otherwise agreed in the license contract.  
 (5) If the proprietor of a trade mark  has granted a non -exclusive license, his right to use the trade mark (section 8) and 
his right to grant a license to a third party are not affected.  
 (6) A license contract by which the proprietor of a trade mark  granted a license to a third party is invalid if the licensee of 
the previously granted exclusive license has not given prior written consent to conclude such license contract.   (7) The assignment or transfer of the right of the licensee is possible exclu sively as part of an assignment or transfer of 
a business enterprise or its part within which the trade mark  is used on the basis of a license, unless the license contract stipulates 
otherwise.  
 (8) Unless otherwise agreed, in the event of unauthorized int erference with exclusive rights pursuant to section 8, the 
licensee of a non -exclusive license, on his own behalf and on his own account, can assert claims pursuant to section 8a by means 
of a court action pursuant to the Code of Contentious Civil Procedur e or a motion pursuant to a special piece of legislation10a) only 
with the consent of the proprietor of the trade mark ; the licensee of an exclusive license can do so if the proprietor of the trade mark , 
after a written notification, does not assert claims  pursuant the Code of Contentious Civil Procedure pursuant to section 8(1). The 
provision of the previous sentence do es not affect the rights and obligations of the proprietor of the trade mark and licensee under 
the Commercial Code15a) nor the right of the licensee to intervene in proceedings initiated by the proprietor of the trade mark  as an 
intervener.  
 (9) Subsections 1 to 8 shall also apply mutatis mutandis to the license contract by which the applicant grants authorization 
to use a sign being the subject -matter of the application (hereinafter referred to as the "license for the application"). The entry o f a 
trade mark  does not affect the entry of a license for the application and it shall be considered an entry of a license in accor dance 
with subsection 2, unless otherwise agreed in the license contract. Modifying  the sign, narrowing the list of goods and services or 
dividing the application (section 27) does not affect the entry of the license for the application ; in the case of a d ivision of the 
application (section 27(3)), the Office shall also enter a license for the divisional applications.  
 (10) The proprietor of the trade mark may invoke his rights conferred by his trade mark against a licensee who breaches 
any provision of the  license agreement with regard to its duration, the form in which the trade mark may be used, the scope of 
goods and services for which the license is granted, the territory in which the trade mark may be used, or the quality of goo ds 
manufactured or servi ces produced or provided by the licensee.  
 (11) Provisions of the Commercial Code15b) shall apply to the creation, termination  and exercise of the rights resulting 
from a license contract, unless otherwise provided in subsections 1 to 10. 
§ 21 
 
Right of pledge  
 
 (1) A right of pledge may be established for a trade mark . 
 (2) The contract on the establishment of a right of pledge must be in writing, otherwise it is invalid.  
 (3) At the request of the pledgee or at the request of the pledgor, the Office shall enter the right of pledge in the Registe r. 
The Office shall refuse  the entry of the right of pledge with respect to th e trade mark  unless the requester attaches to the request 
the documents proving the establishment of the right of pledge with respect to the trade mark ; before deciding on the refusal  of the 
request for the entry of the right of pledge with respect to the trade mark , the Office shall allow the requester to comment on the 
established reasons on the basis of which th is request is supposed to be refused . 
 (4) Subsections 1 to 3 shall also apply mutatis mutandis to the right of pledge with respect to the application and to the 
right of pledge with respect to a trade mark  that w ould be registered  in the future15c) (hereinafter referred to as "right of pledge with 
respect to the application"). The entry  of a trade mark  does not affect the entry of the right of pledge with respect to an application 
and is considered to be an entry of a right of pledge with respect to the trade mark , unless otherwise agreed in th e contract for the 
establishment of the right of pledge or if it does not follow otherwise from the decision by which the right of pledge has be en 
established. Modifying the sign, narrowing the list of goods and services or dividing the application (sectio n 27) does not affect the 
entry of the right of pledge for the application; in the case of a division of the application (section 27(3)), the Office sh all also enter 
a right of pledge for the divisional applications.  
 (5) Provisions of the Civil Code shall apply to the creation, termination  and exercise of a right of pledge with respect to a 
trade mark ,16) unless otherwise provided in subsections 1 to 4.  
§ 22 
 
Duration and renewal of registration of a trade mark  
 
(1) The duration of the validity of the registration of the trade mark shall be ten years from the application filing date.  
(2) The validity of the registration of a trade mark shall be renewed by the Office at the request of the proprietor of the 
trade mark, pledgee or another person proving a legal interest.  The renewal of the registration of the trade mark comes into effect 
on the date subsequent to the date of the expiry of the validity of the r egistration of the trade mark.  
(3) The request for renewal of the registration of a trade mark shall be filed at the earliest during the last year of the 
duration of the validity of the registration.  If the request for renewal of the registration of the tr ade mark is not filed at the latest on 
the last day of the duration of the validity of the registration of the trade mark, it holds that the request for renewal of the 
registration has not been filed; subsection 4 shall remain unaffected by this.  
(4) If th e request for renewal of the registration of a trade mark has not been filed in the period pursuant to subsection 
3, the request for renewal of the registration of the trade mark  may be filed within an additional period of six months which begins 
on the da te subsequent to the day when the request for renewal of the registration of the trade mark was, at the latest, supposed 
to be filed pursuant to subsection 3.  
(5) Where the request is filed only for some of the goods or services for which the  trade mark is  registered, the Office 
shall renew the validity of its registration for those goods or services only.  
(6) The Office shall inform the proprietor of the trade mark of the expiry of the validity of the registration of the trade 
mark at least six months before the said expiry. Information under the first sentence is not legally binding and the Office shall not 
be held liable if it fails to give such information.  
§ 23 
 
Termination  of a trade mark  
 
(1) A trade mark  shall terminate  
(a) on the date of the expiry of the duration of the validity of its registration , unless a request for renewal of registration was filed , 
(b) of the effective date of a surrender of the trade mark by the p roprietor; the surrender of the trade mark  shall come into effect 
on the da te stated in the notice of  surrender of the trade mark  as the date as of which the proprietor of the trade mark  surrender s 
the trade mark ; if this day is not stated in the notice , the surrender of the trade mark  shall come into effect on the da te of the 
delivery of the notice to the Office , or 
(c) on the effective date o f a revocation of the trade mark . (2) Surrender of a trade mark , to which the rights of third persons entered in the Register are attached , shall come into 
effect on the day of filing a written consent of the person whose rights or interests protected by law may be affected by the 
termination of the trade mark , or on the day when the proprietor of the trade mark  prove s the termination  of those rights.  
 
PART THREE  
 
PROCEEDINGS BEFORE THE OFFICE  
§ 24 
 
Application  
 
(1) The entry of a trade mark into the Register is requested by an application filed at the Office . 
(2) The application shall contain  
(a) a request for registration  of the sign as a trade mark , 
(b) inform ation identifying the applicant,  
(c) information identifying the representative  of the applicant , if the applicant is represented , 
(d) a representation of the sign being applied for, which satisfies the requirements set out in section 2(b),  
(e) a list of goods or services in respect of which the sign is to be registered  as the trade mark , 
(f) signature of the applicant or his representative . 
(3) The a pplication can concern one sign only. 
§24a  
 
Goods and services  
 
(1) The goods and services in respect of which a sign is supposed to be registered as a trade mark shall be classified in 
conformity with the system of classification established by an international agreement17) (hereinafter referred to as "international 
classification" ). 
(2) The goods and services for which protection is sought shall be iden tified by the applicant in the list with sufficient 
clarity and precision to enable the competent authorities and the public, in particular economic operators, on that basis, to 
determine the extent of the protection sought.  
(3) The general terms included in the class headings of the international classification  or other general terms may be 
used  by the applicant in the list of goods or services , provided that they are clear and precis e. 
(4) General terms, including the general terms included in the class headings of the international  classification, includ e 
all the goods or services clearly covered by the literal meaning of the term;  the use of such terms  shall not create a claim for 
protectio n of goods or services which are not included in the literal meaning of those terms . 
(5) Where the applicant requests registration of goods and services belonging to  more than one class, the applicant 
shall group the goods and services according to the cla sses of the international classification , each group being preceded by the 
number of the class to which that group of goods or services belongs, and shall present the  groups  in ascending order . 
(6) Goods and services shall not be regarded as being similar to each other only on the ground that they appear in the 
same class under the international classification . Goods and services shall not be regarded as being dissimilar from each other 
only on the ground that they appear in different classes under the international c lassification.  
§ 25 
 
Application filing d ate 
 
(1) The date of filing the application shall be the date of delivery of the filing to the Office which contains  
(a) data indicating the apparent intention of the applicant that the requests the registration of the trade mark,  
(b) data allowing identification of the applicant and contact with the applicant or his representative , and 
(c) requirements in accordance with section 24(2) (d) and (e). 
(2) If the filing does not meet the data and requirements under subsection 1, the Office shall call upon the applicant to 
supplement them and for this purpose it shall prescribe to him a time limit that cannot be shorter than two months. I n such case , 
the da te of filing the application shall be date of delivery of the filing by which the applicant supplemented those data and 
requirements, otherwise the application shall be considered unfiled.  
§ 26 
 
Priority  right  
 
(1) The applicant shall enjoy a right of priority vis -à-vis any person who later files an application containing an identical or 
similar sign for identical or similar goods or services  
(a) as from the application filing date under section 25 or  
(b) as from the priority date pursuant to an international convention4) which results from the first application  for this trade mark . 
 (2) The priority right pursuant to subsection 1(b) must be exercised by the applicant as early as in the application  and 
within three months from the f iling of the application  he shall prove this right by a document of the priority right,18) otherwise t his 
priority right  shall not be taken into account.  This right may be exercised only provided that th e first  application has been filed in a 
state or in relation to a state which is contracting party to an international convention4) or which is a member of the World Trade 
Organization;5) otherwise this right may be exercised only if the condition of reciprocity  has been met . 
(3) If the applicant exercises  the priority right in accordance with subsection 1(b), he shall state in the application the 
number and date of the filing of the trade mark  application , from which he derives the priority  right, and the state in which  the 
application was filed. If the applicant exercises  the priority right from more than one application, he has to state for each of the 
goods and services from which application he exercises the priority right . 
(4) The priority right pursuant to subsection 1(b) shall apply also to services.  
(5) Upon request of the applicant, t he Office shall issue a document of the priority right in paper form . 
 § 27 
 
Modification of the sign a nd division of the application  
 
(1) At the request of the applicant, the Office shall allow a modification of the sign related to his  first name, last name , or 
the business name  or registered office , permanent residence or place of business, if  their modification occurred after the 
application has been filed and if the modification harmonizes  data conta ined in the sign with real facts without chang ing the 
overall nature of the sign. Other changes to the sign shall not be permissible after filing the application. If the sign is modified after 
publication of the application, the application shall be re -published with the modified sign.  
(2) After filing the application , the applicant shall be entitled to narrow  the list of goods or services for which the sign is 
to be registered; such narro wing cannot be withdrawn. No extension of the list of goods or services, for which the sign is to be 
registered, shall be permissible.  
(3) Until the entry of a sign into the Register, a n applicant shall be entitled to divide the application containing in t he list 
more than one good or service  in such a way that he take out some goods or services from the application into one or several 
separate applications. The priority right and the filing date from the original application shall be preserved a lso for div isional 
applications . By dividing the application under the first sentence in the course of the opposition proceedings it is not permissible  
to divide the goods or services against which the filed oppositions are directed.  
(4) The provisions of subsections 1 to 3 shall also apply mutatis mutandis to the trade mark. By dividing the entry 
according to subsection 3 in the course of the proceedings on the request for revocation of a trade mark or the request for 
declaration of inval idity of a trade mark, it is not permissible to divide those goods or services that are subject to the request for 
revocation of the trade mark  or the request for declaration of invalidity of trade mark. The division of the entry according to 
subsection 3 does not affect the entry of a license (section 20), the entry of a right of pledge (section 21) or the entry  of an 
execution ( section  41a), and the Office shall enter the license, the right of pledge or the execution also for the trade  marks that 
were cre ated by the division of the entry  according to subsection 3. 
§ 28 
 
Examination and publication of the application  
 
(1) In the proceedings on the entry of a trade mark into the Register, the Office shall examine whether the application 
meets the conditions stipulated by this Act . 
(2) If the application fails to meet conditions pursuant to section 24(2) and (3), 24a(1) and (3) and  (5), the Office shall 
call upon the applicant to rem ove the defi ciencies within the prescribed time limit. If the applicant fails to rem ove the deficiencies 
within the prescribed time limit, the Office shall discontinue the application proceedings ; if the reasons for a discontinuation of 
proceedings pursuant to section  24a(2) and (3) related only to a certain part of goods and services, the Office shall discontinue 
the application proceedings only for those goods or services . The applicant shall be notified of this fact in the call for the removal 
of the deficiencies.  
(3) If the sign being applied for is identical with an earlier trade mark (section 4) of another applicant or proprietor for 
identical goods or services, the Office shall notify the applicant or proprietor of an earlier trade mark of this fact prior to pub lishing 
the application in the Official Gazette of the Industrial Property Office of the Slovak Republic (hereinafter referred to as the 
"Official Gazette").  
(4) If the sign fails to be capable of being entered  pursuant to section 5, the Office shall refuse  the application. Before 
refusing  the application, the Office shall enable the applicant to comment on the  reasons  on the basis of which the application is 
supposed to be refused . 
(5) If the reasons for refusing  the applica tion pursuant to subsection 4  relate to only a certain part of goods or services, 
the Office shall refuse  the application only for th at part of goods or services.  
(6) If the application proceedings have not been terminated pursuant to subsection 2 or if the application has not been 
refused  pursuant to subsection 3, the Office shall publish the application in the Official Gazette . 
§ 29 
 
Observations against the entry of a sign into the Register  
 
(1) Before the entry of the sign into the Register, a ny person shall be entitled to file written observations against the 
entry of the sign into the Register based on the reasons u nder section 5; the Office shall take into account the observations in 
deciding on the entry of the sign into the Register. The p erson who filed the observations is not a part icipant in the trade mark 
application  proceedings.  
(2) The Office shall inform the applicant of the observations  and the applicant can comment on them within the 
prescr ibed time limit. The Office shall inform the applicant and the person who filed the  observations of the results of the 
assessment of the observations.  
Oppositions  
 
§ 30 
 
(1) After publication of the application in the Official Gazette , the person referred to in section 7 (hereinafter referred to 
as "oppo sing party ") shall b e entitled to file oppositions for reasons under section 7 within a period of three months after that 
publication. The oppositions must specify the ir grounds and they have to be supported by evidence. Any supplement to and 
extension of oppositions and evidence submitted  after th is time limit  shall not be taken into account  
(2) Oppositions may be filed on the basis of one earlier right or several earlier rights pursuant to section 7, if they 
belong to the same proprietor. The oppositions can be filed on the basis of a part of goods or services or on the basis of al l goods 
or services, for which the earlier righ t is protected or being applied for, and they can be directed against a part of goods or 
services or against all goods or services, for which the sign is supposed to be entered into the Register.  
§ 31 
 
(1) If the oppositions were not filed properly and in time pursuant to section 30(1), the Office shall discontinue the 
opposition proceedings. The Office shall deliver the decision to discontinue the opposition proceedings to the opposing party . (2) If the Office does not discontinue the opposition proceed ings under subsection 1, it shall inform the applicant of the 
oppositions and shall call upon him to comment on them within the specified period.  
 (3) If the applicant does not comment on the oppositions  within the time limit under subsection 2, the Office  shall decide 
in the matter in accordance with the contents of the file.   
 (4) If the Office finds out in the opposition proceedings that the entry of a sign into the Register is prevented by some of 
the reasons asserted pursuant to section 7, it shall refuse  the application. If the reasons for t he refusal  of the application only 
relate to a certain part of the goods or services, the Office shall refuse  the application for those goods or services.  
(5) If the Office does not detect the existence of reasons asserted pursuant to section 7 in the opposition proceedings, it 
shall refuse  the oppositions.  
 (6) The Office shall discontinue the opposition proceedings if the reason for which the opposition had been filed has 
ceased to exist. The Office shall deliver the decision to discontinue the opposition proceedings to the applicant and the opp osing 
party.  
(7) If, after the filing of oppositions the oppo sing party grants a written consent to the entry of a sign into the Register, 
the oppositions shall be considered withdrawn and the Office shall discontinue the opposition proceedings.  
§ 32 
 
Proving genuine use of an earlier trade mark  in opposition proceedings  
 
 (1) If at least five years have passed since the registration of an earlier trade  mark ( section 4) on the application filing 
date or on the date of the creation of the priority right, the opposing party  shall, at the applicant' s request, submit evidence of 
genuine  use ( section 7c) of the earlier trade  mark during the five years preceding the date of filing the application or the creation of 
the priority righ t, or evidence of legitimate reasons for its non -use. 
 (2) The request p ursuant  to subsection 1  can be filed by the applicant to the Office within two months from the notification 
of oppositions pursuant to section  31(2). 
 (3) The o pposing party shall submit evidence of genuine use of the earlier  trade  mark or evidence of legitimate reasons 
for its non -sue pursuant to subsection 1 within four months from the date of delivery of the call to the Office; evidence submitted 
after this period s hall not be taken into account.  
 (4) If the o pposing party  fails t o prove the genuine  use of the  earlier trade  mark with the evidence submitted within the 
deadline pursuant to subsection  3 or fails to prove le gitimate reasons for its non -use and if the earlier trade mark  is the only right 
asserted by the o pposing party , the Office shall refuse  the o ppositions ; otherwise, such an earlier trade  mark s hall not be taken into 
account in the opposition proceedings.  
 (5) If the opposing party has proven the genuine use only for a part of the goods or services for which the earlier trade  
mark is registered, the earlier trade mark  for the purposes of examining oppositions  shall be  considered registered only for this part 
of the goods or services.  
  
§ 32a  
 
 (1) During the opposition proceedings, the Office shall grant the appli cant and the o pposing party , based on their joint 
request, at least two months for an amicable resolution of their dispute.  
 (2) If the application pursuant to subsection 1 was submitted during the period pursuant to section  31(2) and if there was 
no amica ble resolution of the dispute between the participants, then, after the deadline according to subsection 1, the Office shall 
set a new deadline for the applicant to comment on  the submitted o ppositions . 
 (3) If the request pursuant  to subsection 1 was filed during  the period pursuant to section  32(2) or (3), and if there was 
no amicable resolution of the dispute between the participants, the deadline s pursuant  to section  32(2) or (3) shall run anew with 
the expiry of the deadline under subsection 1 . 
§ 33 
 
Registration of a trade mark  
 
(1) If the conditions for the entry of the sign into the Register have been met and the application proceedings have not 
been discontinued, no oppositions have been filed within the time limit referred to in section 30(1) or if the oppositions 
proceedings ended by a final decision of the Office to discontinue the proceedings or to refuse  oppositions, the Office shall enter 
the sign into the Register.  
(2) The effects of the entry of a trade mark into the Register start on the date of the entry of the sign in to the Register. 
On that day, the applicant shall become the proprietor of the trade mark; the Office shall issue to the proprietor a certificate of the 
entry of the trade mark into the Register in paper form.  
(3) The Office shall notify the entry of the trade mark into the Register i n the Offi cial Gazette . 
§ 34 
 
Revocation of the trade mark  
 
(1) The Office shall revoke the trade mark  at the request of a third party  if 
(a) the trade mark  has not been put to genuine use in connection with the goods or services in respect of which the trade mark  is 
registered within a continuous period of five years in the territory of the Slovak Republic; unless proved otherwise by the 
proprietor of the trade mark  or there are no legitimate reasons for non -use, the trade mark  shall be considered not used in the 
territory of the Slovak Republic within the five consecutive years. The Office shall not revoke the trade mark , if the trade mark was 
put to genuine use between t he end of that five -year period and the filing of the request for its revocation or its use has been 
resumed; however, use of a trade mark which commenced or was resumed within three months prior to the filing of the request 
for revocation of the trade mar k – that period of time having started to run only after the expiry of the continuous five year period 
of non -use – shall be disregarded  where the preparations for that use started on ly after the proprietor of the trade mark becomes 
aware that a request fo r revocation of the trade mark  may be filed;  
(b) by the consequence of act s or inactivity of the proprietor the trade mark  has become the common name for the goods or 
services in respect of which it is registered;  
(c) as a result of the use made of it by the proprietor or with his consent in respect of the goods or services for which it is 
registered, the trade mark is liable to mislead the public, particularly as to the nature, quality or geographical origin of those goods or services.  
(2) At the request of a third party , the Office shall  revoke a trade mark  on the basis of a court decision according to 
which : 
(a) the trade mark  containing the first name and last name or the image of a natural person, or its pseudonym, infringes the right s 
to the protection of personal  rights ; 
(b) the trade mark  containing the name or the business  name of a natural person or legal entity  interferes with its reputation;  
(c) the trade mark  infringes upon earlier rights to a copyright work ; 
(d) use of the trade mark  is an act of unfair competition. 19) 
(3) The request for revocation of the trade mark  referred to in subsection 2  shall be filed within six months from date 
when the court decision  becomes final . 
(4) Where grounds for revocation of a trade mark exist in respect of only some of the goods or services for which that 
trade mark has been registered, the Office shall revoke the trade mark for those goods or services only.  
(5) The r evocation of a trade mark  shall come into effect on  the da te of filing the request for its revocation  or on an 
earlier date determined at the request of a participant in the trade mark revocation proceedings determined as the date as at  
which the reason of revocation occurred, if the participant in the trade mark re vocation proceedings proves a legal interest.  
(6) The Office can revoke a trade mark even after its termination pursuant to section 23(1)(a) and (b), if the person 
having filed the request to revoke the trade mark proves a legal interest.  
§ 35 
 
Declaration of invalidity of the trade mark  
(1) The Office shall declare a trade mark invalid, if in proceeding initiated at the request of a third party  or on its own initiative, it 
finds out that conditions for the entry of the trade mark into the Regist er pursuant to legislation valid at the time of its entry have 
not been met.  
(2) Where a trade mark  has been registered in breach of section 5(1) (b) to (d), it shall not be declared invalid pursuant to 
subsection 1 by the Office, if the proprietor of the trade mark proves that after its entry into the Register the trade mark  has 
acquired a distinctive character in consequence of its use in the territory of the Slovak Republic or in relation to the terr itory of the 
Slovak Republic for goods or serv ices for which it is registered , before the proceedings on the request for declaration of invalidity 
of the trade mark  started.  
(3) The Office shall also declare a trade mark  invalid at the  request of the person referred to in section 7 for reasons stated in  
section 7 if the proceedings on declaration of invalidity of the trade mark  prove that this reason exists.  The conditions of the 
assertion of earlier rights stated in section 7 must be met as early as on the application filing date or on the date of the creation of 
the priority right by a motion of the affected trade mark.  
(4) The Office may declare the trade mark  invalid even after its termination pursuant to section 23(1), if the person filing the 
request for declaration of invalidity of the trade mark  proves  a legal interest.  
(5) Where the trade mark  is declared invalid, the trade mark  shall be deemed never to have been registered.  
(6) Where the ground for the declaration of invalidity of the trade mark exists only in respect of some of the goods or serv ices for 
which the trade mark  is registered, the Office shall declare the trade mark  invalid in respect of those goods or services only.  
§ 35a  
Suffering  the use of a later trade mark  
 
 (1) The proprietor  of an earlier trade  mark ( section  4) or the user of earlier rights referred to in section  7(c), (d) and (f) is 
not entitled to request the declaration of a later trade  mark invalid for the goods or services for which th at later trade  mark is used, 
if he has suffered i ts use for five consecutive years and  was aware of this use; this does not apply if the application of the later trade 
mark  has not been  filed in good faith.  
 (2) If the proprietor of an earlier trade  mark or the user of earlier rights referred to in section  7(c), (d) and  (f) is not entitled 
to request the declaration of a later trade mark  invalid according to subsection  1, the proprietor  of the later trade  mark is not entitled 
to prevent the use of an earlier trade  mark or earlier rights referred to in section  7(c), (d) and (f), even if this earlier trade  mark or 
these earlier rights can no longer be asserted against a later trade  mark.  
§ 36 
 
Special provisions on the effects of a revocation of a trade mark  or declaration of invalidity of a trade mark  
 
(1) The e ffects of the revocation of a trade mark or declaration of a trade mark  invalid do not concern  
(a) decisions concerning trade mark infringement which came into effect and were enforced before the effective date of the 
decision to revoke the trade mark or declare it invalid,  
(b) contracts concluded before the effective date of the decision on revocation or invalidity of a trade mark  to the extent of the 
performance provi ded on their basis before the effective date of such a decision; it is however possible to request the return of 
the performance  already provid ed on the basis of the contract . 
(2) The provision of subsection 1 shall be without prejudice to the liability of  the proprietor of the trade mark  for damage 
or unjust enrichment.  
§ 37 
 
Request for revocation and  request for declaration of invalidity of a trade mark  
 
(1) The request for revocation of a trade mark or request for declaration of invalidity of a trade mark  shall contain a 
reasoning  and it shall be supported by evidence; supplements to and extension of the reasoning  of the request for revocation or 
declaration of invalidity of the trade mark  shall not be taken into account . 
(2) The request for revocation of a trade mark or request for declaration of invalidity of a trade mark may be in respect 
of only some goods or services or all goods or services, for which the trade mark has been registere d. The request for declaration 
of invalidity of a trade mark may be filed on the basis of one earlier right or on the basis of several earlier rights under section 7, if 
they belong to the same proprietor. The request for declaration of invalidity of a tra de mark may be filed on the basis of some 
goods or services or on the basis of all goods or services for which the earlier right is protected.  (3) If the request for revocation of a trade mark or request for declaration of invalidity of a trade mark  fails to meet the 
requirements referred to in subsection 1, the Office shall discontinue  the proceedings on this request. The decision to discontinue  
the proceedings shall be delivered to the person who filed the request for revocation of the trade mark or request for declaration 
of invalidity of the trade mark  (hereinafter referred to as " Requester "). 
(4) If the Office does not discontinue the proceedings on the request fo r revocation of a trade mark or request for 
declaration of invalidity of a trade mark  pursuant to subsection 3  or 7, it shall inform the proprietor of the trade mark of the request 
and shall call upon him to comment on the request for revocation  of the trade mark  or request for declaration of invalidity of the 
trade mark . 
(5) If the proprie tor of the trade mark  does not comment on the request for revocation of a trade mark or request for 
declaration of invalidity of the trade mark  within the time limit under subsection 4 , the Office shall decide in the matter on the basis 
of the content of the file.  
(6) If, in the proceedings on the request for revocation o f a trade  mark, the Office finds that the conditions according to  
section 34(1) to (3) are not met, or in proceedings for a request for declaration of invalidity of a trade  mark it finds that the conditions 
according to section 35(1) or (3) are not met, it shall refuse  the request . 
(7) The Office shall discontinue the  proceedings on a request for revocation of a trade mark pursuant to section  34 or 
proceedings on a request for declaration of invalidity of a trade  mark pursuant to  section 35, if the reason for which the request 
has been filed has ceased to exist.  
(8) Section 3 1(7) shall be also applied mutatis mutandis to proceedings on a request for declaration of invalidity of  a 
trade  mark.  
 (9) Together with the request for revocation of a trade mark a ccording to  section 34(1) or together with the request for 
declaration of invalidity of a trade mark according to section (1) or (3) , the Requester  is obliged to deposit a security of 100 Euros . 
The Office will return the security  if the request for revocation of a trade mark or  the request for declaration of invalidity of a trade  
mark is granted in full.  
§ 37a  
 
Proving the genuine use of an earlier trade  mark in proceedings on a request for declaration of invalidity of a trade mark  
 
 (1) If at least five years have passed since the registration of an earlier trade  mark ( section 4) on the date of filing a  
request for declaration of invalidity of a  trade  mark, the n, at the request of the proprietor  of the later trade  mark, the Requester shall 
submit evidence of the genuine use ( section 7c) of the earlier trade  mark for five years which precede the filing date of the request , 
in connection with the goods or services for which it is registered and on which the request  is based, or evidence of legitimate 
reasons for its non -use. If at least five years have passed since the registration of an earlier trade mark  (section  4) on the date of 
filing the application or on the date of the creation of the priority right of the later trade  mark, then in addition to the evidence 
according to the first sentence, the Requester  shall also submit evidence of the genuine  use of the earlier trade mark  during the 
five years preceding the date of filing of the application or the priority date of the later trade mark , in connection with the goods or 
services for which it is registered and on which the request  is based, or evidence of legitimate reasons for its non -use. 
 (2) The proprietor of a later trade  mark may file the  request  according to subsection 1 to the Office within two months 
from the notification of the request  for declaration of invalidity of the trade  mark according to section  37(4). 
 (3) The Requester shall submit evidence of genuine use of the older trade mark  or evidence of leg itimate reasons for its 
non-use pursuant to subsection 1 within four months from the date of delivery of the  call to the Office; evidence submitted after this 
period shall not be taken into account . 
 (4) If the Requester  fails to prove the genuine use of the older trade  mark by means of  the evidence submitted within the 
deadline according to subsection 3 or fails to prove legitimate reasons for its non -use, and if the older trade  mark was the only right 
exercised by the Requester , the Office shall refuse  the request  for declar ation of invalidity of  the trade  mark; otherwise, the older 
trade  mark s hall not be taken into account in the proceedings on the request for declaration of invalidity of the trade  mark.  
 (5) If the Requester proved the genuine use only for a part of  goods or services for which the earlier trade  mark is 
registered, then for the purposes of examining  the request for declaration of invalidity of the trade  mark this earlier trade  mark shall 
be considered registered only for th at par t of the goods or services.  
§ 38 
 
Extension of the time lime  and continuation of proceedings  
 
(1) On the basis of a request of a part icipant in the proceedings on the extension of the time limit set by the Office for 
performing an act filed before the expiry of such time limit, the Office may extend the time limit.  
(2) On the basis of a request of a participant in the proceedings, who missed the time limit  determined by the Office for 
performing the act, the Office may decide to continue the proceedings, if the participant in the proceedings, simultaneously with 
filing the request for continuation of the proceedings, performs the missed act; the request for  continuation in the proceedings 
must be filed at the latest two months after the date of the expiry of the time limit.  
 (3) The r equest referred to in subsection 2 cannot  be granted when the time limits are missed pursuant to s ection s 
31(2) , 32a(2)  and 37 (4). 
(4) The Office shall refuse  a request for extension of a time limit or a request for continuation of proceedings which fails 
to comply with conditions referred to in subsection 1 or 2 or cannot be granted under subsection 3; prior to the decision to refuse  
the request, the Office shall enable the requester to comment on the ascertained reasons on basis of which the request is 
supposed to be refused . 
(5) If the Office grants the request for continuation of proceedings, the legal effects of the decision  issued as a resu lt of 
missing the time limit shall cease to exist or will not occur.  
(6) If the Office does not decide to refuse  the request referred to in subsection 1 within two months from its delivery, the 
request shall be deemed to have been  granted.  
§ 39 
 
Restitutio in integrum  
 
 (1) On the basis of a request of participant in proceedings, who despite the due care required by the circumstances, 
missed a legal time limit or a time limit set by the Office for performing an act, and the consequence of the failure to perf orm this 
act is a stopping of proceedings  or the loss of another right, the Office  may decide to perform a restituti on in integrum, if the 
participant in proceedings, simultaneously with filing the request, performs the missed act; the request for a restitution in  integrum must be filed within two months from the disappearance of the obstacle, for which the participant in the proceedings was unable to 
perform the act, but no later than 12 months from the expiry of the missed time limit  and in the case of a missed time limit for the 
filing of the request for an extension of the validity of the registration of the trade ma rk no later than six months from the expiry of 
the missed additional time limit pursuant to section 22(4) . 
 (2) A participant in the proceedings is obliged to justify the request for a restitutio in integrum and to state the facts th at 
have prevented the p erformance of the act, as well as the date of the disappearance of the obstacle, due to which he could not 
perform the act.  
 (3) If there are justified doubts about the truth of the justification pursuant to subsection 2, the Office shall call on the  
reque ster to prove his allegations.  
 (4) Requests for a restitutio in integrum cannot be granted in cases of a missed time limit for  
(a) the filing of a request for continuation of proceedings pursuant to section 38(2) and a request for a restitutio in integ rum pursuant 
to subsection 1,  
(b) the exercise and proving of the priority right pursuant to section 26(2),  
(c) the filing of oppositions pursuant to section 30(1),  
(d) the filing of a remonstrance pursuant to section 40(1) and the filing of the reasoning for  the remonstrance pursuant to section 
40(3), 
(e) the performance of acts pursuant to section 22(3), section 31(2), section 32a(2), section 34(3) and section 37(4),  
(f) the filing of a request for evidence of genuine use pursuant to section 32(2) or 37a(2),  
(g) the proving of genuine use pursuant to  section 32(3) or section 37a(3) . 
 (5) The Office shall refuse  a request for a restitutio in integrum which does not meet the conditions pursuant to subsections 
1 and 2, or which cannot be granted pursuant to section 4, or if the applicant does not prove his allegations pursuant to subsection 
3; before deciding on th e refusal  of the request, the Office will enable the requester to comment on the facts found, on the basis of 
which the request  is supposed to be refused . 
 (6) If the Office complies with the request for a restitutio in integrum, the legal effects of the decision issued as a result of 
the missed time limit shall cease or not occur.  
§ 40 
 
Remonstrance  
 
 (1) A remonstrance against a decision of the Office may be filed within 30 days from the delivery of the decision ; a 
remonstrance filed in time has a suspensory effect.  
(2) When deciding on a remonstrance, the Office is bound by its scope; this does not apply to matters  
(a) in which proceedings can be initiated ex officio,  
(b) of joint rights or obligations concerning several participants in the proceedings on one side.  
 (3) The reasoning for the remonstrance must be filed within one month from the date of filing the remonstrance . If no 
reasoning for the remonstrance is filed within the said deadline, the Office shall discontinue the remonstrance proceedings. The 
Office shall discontinue the proceedings even in cases of a delayed or impermissible remonstrance . 
 (4) It is not allowed to  file a remonstrance against a decision having  
(a) granted a request for the continuation of the proceedings or a request for a restitutio in integrum,  
(b) discontinued the proceedings pursuant to section 51(8), or suspended the proceedings pursuant to sec tion 51(9), 
(c) discontinued the proceedings pursuant to subsection 3 . 
 (5) It is not allowed to file a remonstrance only against the reasoning of a decision.  
§ 41 
 
Register  
 
(1) The Office shall keep the Register in electronic form in which it records decisive data about  applications and trade 
mark s. The Register shall be public and anybody shall be entitled to inspect it . 
(2) Data entered in the Register shall be considered valid unless the relevant a uthority has decide d otherwise.  
(3) Changes in data entered into the Register ensuing from a final and enforceable decision of a competent authority 
shall be entered without delay into the Register by the Office after delivery of the decision with a validi ty clause  of finality and 
enforceability . 
§ 41a 
 
Entering an execution into the Register  
 
 On the basis of a writ of execution19a) supported by a notification of the initiation of an execution and a list of rights 
which also includes the specific application or the specific trade mark, the Office shall enter into the Register the fact th at this 
application or trade mark is affected b y an execution pursuant to special legislation with effect from the date of delivery of the writ 
of execution to the Office. The entry of a trade mark into the Register  does not affect the entry of the execution by affecting the 
rights resulting from the a pplication and is considered to be an entry of execution by affecting the rights resulting from the trade 
mark . A modification o f the sign, a narrowing  of the list of goods and services or a division of the application (section 27) does not 
affect the entr y of the execution by affecting the  rights resulting from the application; in the case of a division of the application 
(section 27(3)), the Office sha ll also enter the  execution by affecting the rights resulting from the divisional applications.  
§ 42 
 
Official Gazette  
 
The Office issue s the Official Gazette, in which the Office shall publish and notify facts relating to applications and trade 
mark s, as well as public notices and decisions  of substantial nature . 
 
 
 
 
 
 
 PART FOUR  
 
COLLECTIVE TRADE MARK  
 
§ 43 
 
(1) A collective trade mark s is a trade mark which is denoted as such when filing the application and which is capable of 
distinguishing the goods or services stemming from the members of an association of manufacturers, producers, suppliers of 
services or  traders, who have the capacity in their own name to have rights and obligations (hereinafter referred to as 
"association") from the goods or services of other persons.  
(2) An application for a collective trade mark  may be filed by the association or by a legal person governed by public 
law. 
(3) Unless sections 44 to 45a provide otherwise, provisions of this Act apply to the application of a collective trade 
mark , the rights resulting from a collective trade mark , its termination, as well as to the proceedings regarding the revocation of a 
collective trade mark  or the declaration of its invalidity.  
 
§ 44 
 
Special provisions on the collective trade mark  application  
 
(1) The applicant is obliged to submit, together with the application for a collective trade mark , a contract for the us e of 
the collective trade mark  (hereinafter referred to as "us e contract") which contains a list of persons authorized to us e the collective  
trade mark  including their identification data, the conditions of membership in the association and the conditions of use of the 
collective trade mark , including sanctions.  
(2) The Office shall also refuse  an application for a collective trade mark  if 
(a) the requirements under subsection 1 or section 43(1)(1) and (2)  are not met , 
(b) the use contract is contrary to the " order  public" or morality or  
(c) the public is liable to be misled as regards the character or the significance of the sign being appl ied for, in particular if it is 
likely to be taken to be something other than a collective trade mark . 
(3) The Office shall not refuse  the application of a collective trade mark  pursuant to subsection 2, if the applicant, by an 
amendment to the use contrac t, removes the deficiencies specified in subsection 2.  
(4) Observations against the entry of a sign as a collective trade mark  into the Register (section 29) can be filed also for 
reason referred to in subsection 2.  
§44a  
 
Amendments to the collective trade mark  use contract  
 
(1) The proprietor of a collective trade mark  shall submit to the Office any amendments to the use contract . 
(2).The Office shall enter the piece of data on the contract amendment into the Register , unless the conditions pursuant to section 
44(1) have been satisf ied or there is a reason for refusal  of the application referred to in section 44(2)(b)(c) . 
(3) If the amendment to the use contract  concerns the list of persons authorized to use the collect ive trade mark , the Office shall 
enter the amendment in the list into the Register.  
(4) An amendment to the use contract  shall take effect on the date of entry of the piece of data on the amendment to the contract 
into the Register.  
§ 45 
 
Special provision on the rights conferred by  a collective trade mark  
 
 (1) The exclusive right to use a collective trade mark  for goods or services for which the collective trade mark  is 
registered belongs to the members of the association stated in the list under section  44(1). 
 (2) In the event of an unauthorized interference with the exclusive right pursuant to subsection  1, the proprietor of the 
collective trade mark  is entitled to  assert claims pursuant to section  8a by means of a court action  pursuant to the Code of 
Contentious Civil Procedure or by a motion pursuant to a special piece of legislation10a) on behalf of the persons authorized to use 
the collective trade mark . 
 (3) Un less otherwise stated in the use contract , in case of unauthorized interference with the exclusive right according 
to subsection  1, the person authorized to use the collective trade mark  on its own behalf and on i ts own account can assert 
claims pursuant  to section  8a by a court action according to the Code of Contentious Civil Procedure or by a motion  pursuant  to a 
special piece of legislation10a) only with the consent of the proprietor of the collective trade mark . The provision of the previous 
sentence does not affect the right of the person authorized to use the collective trade mark  to intervene in the proceedings 
initiated by the proprietor of the collective trade mark  as an intervener.  
 (4) A collective trade mark  cannot be assigned to another proprietor and  it cannot be the subject -matter  of a license or 
right of pledge . 
 
 
§ 45a  
 
Special provisions on the revocation of a collective trade mark  and declaration of invalidity of a collective trade mark  
 
(1) The Office shall also revoke a collective trade mark  if 
(a) the proprietor of the collective trade mark  did not take reasonable steps to prevent the collective trade mark  being used in a 
manner  that is incompatible with the conditions of use laid down in the use contract , including any amendment to that that 
contract entered in the Register (section 44a(4));  
(b) the manner in which the collective trade mark  has been used by authori zed persons ha s caused it to become liable to mislead 
the public in the manner referred to in section 44(2)(c) ; 
(c) an amendment to the use contract  has been entered into the Register in breach of  the requirements of section 44a(2) , unless 
the proprietor of the collective trade mark , by further amending the use contract , complies with  those requirements.  
(2) The Office shall also declare a collective trade mark  invalid if it has been registered in breach of the requirements under se ction 44(2), unless the proprietor of the collective trade mark , by amending the use contract,  complies with those 
requirements.  
 
PART FIVE  
 
INTERNATIONAL TRADE MARK  AND EURPEAN UNION  TRADE MARK  
 
Registration  of an international trade mark  
 
§ 46 
 
A person who has  its permanent residenc e, seat or a  business  enterprise in the territory of the Slovak Republic or is a 
national of the Slovak Republic may request, through the Office, the entry of an international trade mar k in an international 
register or t he entering of changes in respect of the entry of the international trade mark in the international register under an 
international  convention .1) 
 
§ 47 
 
(1) From the date of entry of an international trade mark, in which the Slovak Republic is noted, into the international 
register or from the date of a territorial extension of the entry of an international trade mark for the Slovak Republic in t he 
international register, the entry of the international trade mark has the same effect as a national applicatio n. 
 (2) An international trade mark , next to which  the Slovak Republic is noted, shall be subject to examination as to 
whether it meets the conditions referred to in section 5 and subject to oppositions like the national application.  
(3) The time limit for filing the oppositions against the provision of international trade mark protection for the territory of 
the Slovak Republic starts on the first day of the month subsequent to the month in which the interna tional trade mark  was 
published in the Gazette of the World Intellectual Property Organization.  
(4) If the Office fails to notify the refusal  of the protection for the international trade mark  under an international 
convention1) or if such refusal  has been withdrawn, the registration of an international trade mark , in which the Slovak Republic is 
noted , shall have the same effect as the trade mark  entered in the Register fr om the da te referred to in subsection 1.  
(5) Refusing the protection of the  international trade mark  for the Slovak Republic shall have the same effect as 
refusing  the national application.  
(6) The sign being the subject -matter of  the application filed under an international treaty20) shall be entered into the 
Register w ithout fu rther proceedings . 
§ 48 
 
European Union  trade mark  
 
 (1) The rights resulting from the EU trade mark  can be exercised at the earliest on the date the Slovak Republic 
acceded to the European Union.22)  
  
 (2) Pursuant to a special piece of legislation23), an enforceable decision of the European Union Office for Intellectual 
Property shall be provided by th e Office with a c onfirmation  of enforceability.  
 
§ 49 
 
Conversion of an EU trade mark  application and conversion of an EU trade mark  to a national application  
 
(1) The Office shall examine whether the request for the initiation of proceedings on the conversion of an EU trade mark  
application or conversion of an  EU trade mark  to a national application pursuant to a special piece of legislation25) contains:  
(a) a translation of the  request to the Slovak language,  
(b) the address for deliveries in the territory of the state being a contracting party to the Agreement on the European Economic 
Area ; 
(c) a representation of the sign being applied for . 
(2) If the request for the initiation of  proceedings on the conversion of an EU trade mark  application or an EU trade 
mark  to a national application fails to meet the conditions referred to in subsection 1, the Office shall call upon the requester  to 
remove the deficiencies within a time limit of at least two months. If the requester  fails to remove the deficiencies within the 
prescribed time limit, the Office shall discontinue  the proceedings. The requester shall be notified of this consequence in the  call 
by the Office.  
(3) The national application resulting from the conversion of a EU trade mark  application or the conversion of a EU 
trade mark  shall enjoy the date of filing and the priority date f rom that application or trade mark  and, where appropri ate, the 
seniority  right.6) The rights resulting from  such  national application and subsequently from the trade mark  entered in the Register  
cam be exercised a t the earliest on the date of accession of the Slovak Republic to the European Union. 22) 
(4) The application pursuant to subsection 3 shall be subject to proceedings like the national application.  
§ 50 
 
(1) The proprietor of a trade mark  entered in the Register, the ap plication f or which was filed in good faith with a priority 
right prior to the accession of the Slovak Republic to the European Union,22) shall have the right to prohibit the use , in the territory 
of the Slovak Republic , of an EU trade mark , the effects of  which have been extended to the territory of the Slovak Republic on 
the basis of the accession of the Slovak Republic to the European Union,22) if 
(a) the trade mark entered in the Register is identical with the EU trade mark registered for the same goods  or services,  
(b) because the trade mark entered in the Register is identical with or similar to the EU trade mark and because of the ident ity or 
similarity of goods or services covered by both of them there exists a likelihood of confusion on the part of the public; the 
likelihood of confusion includes the likelihood of association with the EU trade mark,  
(c) because the trade mark entered in the Register , which has a reputation in the territory of the Slovak Republic,  is identical with  
or similar to the EU trade mark, the use of the EU trade mark in connection with  goods or services, which are identical with, 
similar to or not similar to those for which the trade mark is entered in the Register,  without due cause would take unfair 
advan tage of, or be detrimental to, the distinctive character or the repute of the trade mark  entered in the Register.  (2) The proprietor of the trade mark  entered in the Register which is mentioned in subsection 1 may claim 
compensation for the damage he incur red as a result of the use of the EU trade mark  in the territory of the Slovak Republic within 
the scope stipulated  in section 8 a. 
 
PART  SIX 
 
COMMON, AUTHORIZING , TRANSITIONAL  
AND REPEALING PROVISIONS  
 
Common provisions  
§ 51 
 
(1) Persons who have a permanent residence, registered office or business enterprise in the territory of a state that is a 
party to an international convention,4) or in the territory of a state that is a member of the World Trade Organization,5) or are nationals 
of that state, h ave the same rights and obligations as citizens of the Slovak Republic without prejudice to the provision of subsection 
2. If the state of which the person is a national, or the state in whose territory the person has a permanent residence, regi stered 
office or business enterprise, is not a state that is a party to an international convention4) or a member of the World Trade 
Organization,5)  rights pursuant to this Act may be granted only under the condition of reciprocity.  
(2) Persons not having a permanent residence or registered office in the territory of the Slovak Republic must be 
represented by a lawyer26) or a patent attorney26a) in proceedings before the Office.26a)  
(3) The mandatory representation according to subsection 2 does not apply to participants in the proceedings, who are 
citizens of a state being a contracting party to the Agreement on the European Economic Area, have a registered office or business 
enterprise in the territory of a state being a contracting party t o the Agreement on the European Economic Area . 
(4) The participant in the proceedings or his representative is  obliged to notify the Office of the address for delivery in the 
territory of the state being a contracting party to the Agreement on the European  Economic Area . 
 (5) Proceedings before the Office pursuant to this Act are subject -matter to a general piece of legislation on administrative 
proceedings27) except section 19, section 28, section 29, section 30(1)(b) and (d), section 32 to 34, section 39,  section 49, section 
50, section 59(1) and section 60.  
 (6) If the attachment to the filing is a copy of a document, about the authenticity of which the Office has doubts, it may 
request the submission  of the original document or its certified copy.  
 (7) If a party in the proceedings fails to comply with a call of the Office within the specified period, the Office may 
discontinue the proceedings. The Office shall notify the participant in the proceeding s of this consequence in the call.  
 (8) The Office shall also discontinue the proceedings at the request of the person who filed the request for its initiation; 
the Office is not obliged to do so, in the case of proceedings that the Office can initiate ex officio. A request to discontinue 
proceedings cannot be withdrawn.  
 (9) If proceedings have been initiated on a preliminary issue that the Office is not authorized to resolve, the Office shall 
suspend the proceedings. As soon as the obstacle for which the proceedings have been suspended disappears, the Office shall 
continue the proceedings even without a motion. During the suspension of the proceedings, the prescribed time periods  (time limits) 
pursuant to this Act do not run; this does not apply to time li mits under section 22(3) and (4). If the proceedings have been 
suspended within a time limit under section 32(2) or (3) or under section 37a(2) or (3), as soon as the obstacle for which th e 
proceedings have been suspended disappears, the time limits under section 32 (2) or (3) or under section 37a(2) or (3) start to run 
anew.  
 (10) The filing at the Office shall be in writing, more specifically in paper form or in electronic form, and in the state 
language,28) unless otherwise provided for in part five of this Act.  
 (11) Unless otherwise provided for in subsection 1 2, a filing at the Office made in electronic form without authorization 
pursuant to a special piece of legislation28a) must be additionally delivere d in paper form or in electronic form, authorized pursuant 
to a special piece of legislation;28a) if it is not additionally delivered to the Office within one month, the filing shall not be taken into 
account. The Office shall not call for additional deliv ery of the filing.  
 (12) Subsection 11 does not apply to a filing made through closed information systems. 28b) 
 (13) The filing shall be assessed in accordance with its contents. It must be obvious from the filing who performs the filing , 
what matter it co ncerns and what it requests. Every filing must be signed by the filing person. A filing in electronic form authorized 
in accordance with a special piece of legislation28a) must contain an identifier of the person of the participant in the proc eedings 
and a n identifier of the person of the representative pursuant to a special piece of legislation,28c) if the participant in the proceedings 
is represented.   
(14) Fees under a special piece of legislation shall be paid for acts pursuant to this Act. 29) 
§ 52 
 
(1) A party in the proceedings shall be obliged to propose and submit evidence to support his allegations . 
(2) The Office shall produce  evidence and evaluate evidence at its discretion, each piece of evidence separately and all 
pieces of evidence in their mutual relations.  
(3) The Office shall decide on basis of the reasoning of the filing and the evidence submitted by the parties  in the  
proceedings.  
§ 53 
 
Authorizing provision  
 
A generally binding piece of legislation issued by the Office shall st ipulate the  details  of 
(a) the requirements f or the application, including requirements of the representation of the sign b eing applied for,  
(b) the requirements f or a request for a modification of t he sign , 
(c) the requirements for critical comments against the entry of the sign  into the Register,  
(d) the requirement s for oppositions against the entry of the sign  into the Register,  
(e) the data entered into the Registe r and published in the Official Gazette , 
(f)  the requirements f or a certificate, a duplicate of the certificate, an abstract from the Register and a document on the creation 
of the priority  right, 
(g) the requirements f or a request for a change of the business name or the name and registered office , or the first name, last 
name and permanent address,  
(h) the requirements f or a request for the entry of the representative or for the entry of a change of the  representative into the Register,  
(i) the requirements for a request for the entry of an assignment or transfer into the Register,  
(j) the requirements for a request for the entry of the licen se contract  into the Register and the requirements of a declaration o f 
the existence of the licen se agreement,  
(k) the requirements f or a request for the entry of a right of pledge into the Register,  
(l) the requirements f or a request for renewal of the registration of a trade mark , 
(m) the requirements f or a request for revocation of a trade mark , 
(n) the requirements f or a request for declaration of invalidity of a trade mark , 
(o) the requirements f or a remonstrance,  
(p) file administration,  
(q) the form of the filing, the number of counterparts of the filin g with attachments and the details of the delivery to the Office,  
(r) the requirements of a request for proving the genuine use of an earlier trade mark in opposition proceedings or in proceedings 
to declare a trade mark invalid,  
(s) the requirements for a request for an amicable resolution of a dispute,  
(t) the entry of an execution into the Register,  
(u) the requirements of a request for division of an application or division of the entry.  
 
§ 54 
 
Transitional provisions  
 
(1) Proceedings on applications that have not been finally completed before this Act comes into effect  shall be 
completed in accordance with this Act, provided that the applicant shall be obliged to harmoni ze his application with the 
requirements pursuant to this Act within the prescribed time limit  upon a call of the Office . 
(2) Rights and relations resulting from trade mark s entered into the Register before this Act comes  into effect  shall be 
governed by the provisions of this Act. The creation of these r ights and relations , as well as claims having arisen from them 
before this Act enters into effect,  shall be assessed in accordance with the legislation  in force at the  time of their creation . A trade 
mark  entered into the Register pursuant to previous legislation  shall not be declared invalid if it is in accordance with this Act.  
(3) Where a request for the expungement  of a trade mark  under the hitherto existing Act was filed prior to the effective 
date of this Act, it shall be considered to be a  request for revocation of the trade mark  or a request for declaration of invalidity of 
the trade mark  under this Act. Provisions of this Act shall apply to the assessment of the fulfilment  of the conditions of the request 
for revocation of the trade mark  or the request for declaration of invalidity of the trade mark  and to the proceedings on th at 
request and on its effects.  
(4) If oppositions were filed pursuant to section 9 of the hitherto existing Act which fail to meet conditions of this Act, the 
oppo sing party shall be obliged to harmoni ze them with the conditions pursuant to this Act within three months from the effective 
date of this Act , otherwise they shall not be taken into account . 
 
§ 54a  
 
Transitional provisions for adjustments effective from January 1, 2018  
 
 (1) Proceedings initiated and not finally completed by December 31, 2017, shall be completed pursuant to this Act in the 
version effective from January 1, 2018.  
 (2) The periods that began to run until December 31, 2017, shall run pursuant to this Act in the version effective until 
December 31, 2017, and their legal effects shall remain preserved.  
 (3) Rights and legal relationships resulting from trade marks enter ed into the Register until December 31, 2017 shall be 
assessed in accordance with this Act in the version effective as from January 1, 2018. The creation, change and termination o f 
rights and legal relationships, as well as claims arising from them until D ecember 31, 2017 shall be assessed in accordance with 
the legislation effective at the time of their creation.  
§ 54b 
 
Transitional provisions for adjustments effective from January 14, 2019  
 
 (1) Proceedings initiated and not finally completed by January 1 3, 2019 shall be completed pursuant to this Act in the 
version effective as from January 14, 2019.  
 (2) The periods that began to run until January 13, 2019, shall run pursuant to this Act in the version effective until Janua ry 
13, 2019, and their legal ef fects shall remain preserved.  
 (3) Rights and legal relationships resulting from trade marks entered into the Register until January 13, 2019 shall be 
assessed pursuant to this Act in the version effective as from January 14, 2019. The creation, change and  termination of rights and 
legal relationships, as well as claims arising from them until January 13, 2019 shall be assessed in accordance with the legi slation 
effective at the time of their creation.  
 (4) A defendant shall be entitled to file a request fo r the submission of evidence  of the genuine use of a trade mark under 
section 14a(2) in the judicial trade mark infringement proceedings that started after January 13, 2019.  
§ 55 
The l egal acts of the European Communities and the European Union stated in the Annex are being transposed  by this 
Act. 
 
§ 56 
 
Repealing provision  
 
 The following shall be repealed:  
 
1. Act No. 55/1997 Coll. of Laws of the Slovak Rep.  on trade mark s as amended by the Act No. 577/ 2001 Coll. of Laws of the 
Slovak Rep. , Act No. 14/ 2004 Coll. of Laws of the Slovak Rep. , Act No. 344/ 2004 Coll. of Laws of the Slovak Rep. , Act No. 84/ 
2007 Coll. of Laws of the Slovak Rep.  and Act No. 495/ 2008 Coll. of Laws of the Slovak Rep. ; 
2. Regulations o f the Industrial Property Office of the Slovak Republic No. 117/ 1997 Coll. of Laws of the Slovak Rep.  implementing the Act No. 55/1997 Coll. of Laws of the Slovak Rep.  on trade mark s as amended by the Act No. 709/ 2002 Coll. of 
Laws of the Slovak Rep.  
§ 57 
 
Effect  
 
This Act shall take effect on January 1, 2010.  
The Act No. 125/2016 Coll. of Laws of the Slovak Rep.  took effect on July 1, 2016.  
The Act No. 242/2017 Coll. of Laws of the Slovak Rep.  took effect on January 1, 2018 except Art. IV point 16 section 
20(9) and section 21(4), point 24, which took effect on January 1, 2019.  
The Act No. 291/2018 Coll. of Laws of the Slovak Rep.  took effect on January 14, 2019.  
 
Ivan Gašparovič m. p.  
 
Pavol Paška m. p.  
 
Robert Fico m. p.  
 
ANNEX  
LIST OF TRANSPOSED LEGAL ACTS OF THE EUROPEAN COMMUNITIES AND THE EUROPEAN UNION  
 
1. Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual 
property rights (Special edition of the Official Journal of the European Union, chap. 17/vol. 2, Official Journal of the Euro pean 
Union L 157, 30.4.2004).  
2. Directive 2015/2436 of the European Parliament and of the Council of 16 December 2015  to approximate the laws of the 
Member States relating to trade marks (Official Journal of the European Union L 336, 23.12.2015)  
 
----------------------------------  
 
1) Madrid Agreement Concerning the International Registration of Marks of April 14, 1891, as revised at Brussels on December 14, 1900, at 
Washington on June 2, 1911, at The Hague on November 6, 1925, at London on June 2, 1934, at Nice on June 15, 1957, and at Sto ckholm on July  
14, 1967 (Regulations of the Ministry of Foreign Affairs No. 65/1975 Coll. of Laws  as amended).  
Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks  as amended (Notice of the Ministry of Foreign Affairs 
of the Slova k Republic No. 267/1998 Coll. of Laws of the Slovak Rep. , as amended).  
2) Art. 1 of Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark  (codified 
version) (O fficial Journal of the Europea n Union L 154/1, 16.6.2017).  
3) Art. 6bis of the Paris Convention for the Protection of Industrial Property of March 20, 1883, as revised at Brussels on December 14, 1900, at 
Washington on June 2, 1911, at The Hague on November 6, 1925, at London on June 2 , 1934, at Lisbon on October 31, 1958, and at Stockholm on 
July 14, 1967 (Regulations of the Minister of Foreign Affairs No. 64/1975 Coll. of Laws as amended by Regulations of the Mini ster of Foreign Affairs 
No. 81/1985 Coll. of Laws)  
Art. 16 of the Agreement on Trade -Related Aspects of Intellectual Property Rights (Notice of the Ministry of Foreign Affairs of the Slovak Republic 
No. 152/2000 Coll. of Laws of the Slovak Rep.  on the conclusion of the Agreement establishing  the World Trade Organi zation).  
4) Paris Convention for the Protection of Industrial Property.  
5) Agreement establishing the World Trade Organization (Notice of the Ministry of Foreign Affairs of the Slovak Republic No. 152 /2000 Coll. of Laws 
of the Slovak Rep. on the conclusion  of the Agreement establishing the World Trade Organization).  
6) Art. 39 and 40 of the Regulation (EU) 2017/1001 of the European Parliament and the Council.  
7) Art. 6ter of the Paris Convention for the Protection of Industrial Property.  
7a) For example, Ar t. 3 of the Lisbon Agreement on the Protection of Appellations  of Origin and their International Registration of October 31, 1958, 
as revised at Stockholm on July 14, 1967 ( Regulations  of the Minister of Foreign Affairs No. 67/1975 Coll. of Laws ), Art. 23 par. 2 of the Agreement 
on Trade -Related Aspects of Intellectual Property , the Act No. 469/2003 Coll. of Laws of the Slovak Rep.  on designations of origin of products and 
geographical indications of products and on a lterations of and additions to certain laws as amended, Art. 23 of the Regulation (EC) No 110/2008 of 
the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling and the  protection of 
geographical indications of spirit drinks and  repealing Council Regulation (EEC) No 1576/89  (Official Journal of the European Union L 39/16, 
13.2.2008) as amended,  Commission regulation (EC) No 607/2009 of 14 July 2009 laying down certain detailed rules for the implementation of 
Council Regulation (E C) No 479/2008 as regards protected designations of origin and geographical indications, traditional terms, labelling and 
presentation of certain wine sector products (Official Journal of the European Union  L 193/60, 24.7.2009) as amended, Art. 14 and 24 p ar. 1 of the 
Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricul tural products 
and foodstuffs (Official Journal of the European Union  L 343/1, 14 .12.2012) as amended, Art. 102 of the  Regulation (EU) No 1308/2013 of the 
European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and 
repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001  and (EC) No 1234/2007  (Official Journal of the European 
Union  L 347/671, 20.12.2013) as amended.  
8) For example, section  1b of the Act No. 369/1990 Coll. of Laws  on municipal ities as amended by Act No. 453/2001 Coll. of Laws of the Slovak 
Rep.  
8a) For example, the Council Regulation (EC) No. 2100/94 of 27 July 1994 on Community plant variety rights (Official Journal of European 
Communities L 227, 1.9.1994)  as amended, the Act No. 202/2009 Coll. of Laws of the Slovak Rep.  on the legal protection of plant varieties, the 
International Convention for the Protection of New Plant Varieties (Notice of the Ministry of Foreign Affairs of the Slovak Republic No. 351/2009 Coll. 
of Laws of the Slovak Rep. ). 
9) Sections 11 to 16 of th e Civil Code.  
10) For example, the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration, the  Act No. 444/2002 Coll. of 
Laws of the Slovak Rep.  on designs as amended, the Act No. 469/2003 Coll. of Laws of the Sl ovak Rep.  as amended, the Regulation (EC) No. 
110/2008 of the European Parliament and the Council as amended, the Regulation (EU) 1151/2012 of the Europ ean Parliament and the Council a s 
amended, the Regulation (EU) 1308/2013 of the European Parliament and the Council as amended.  
10a) Act No. 307/2016 Coll. of Laws of the Slovak Rep.  on reminder proceedings and on additions to  some laws.  
10b) Section  137 to 142 of the Civil Code.  
10ba) Art. 18 of Regulation  (EU) No. 2017/1001 of the European Parliament and the Council.  
10bb) Section  4 of the Act No. 147/2001 Coll. of Laws of the Slovak Rep.  on advertising and on a lterations of and additions to certain laws, as 
amended.  
10bc) Act No. 486/2013 Coll. of Laws of the Slovak Rep.  on customs enforcem ent of intellectual property.  
Regulation (EU) No 608/2013 of the European Parliament and of the Council of 12 June 2013 concerning customs enforcement of i ntellectual 
property rights and repealing Council Regulation (EC) No 1383/2003  (Official Journal of t he European Union L 181, 29.6.2013).  
10c) Section  442a of the Civil Code.  
10d) Section 25 of the Code of Contentious Civil Procedure.  
12) Section  324 to 345 of the Code of Contentious Civil Procedure.  
12a) Section  340 of the Code of Contentious Civil Procedure.  
12b) Art. 60  par. 1, 3 or 4, Art. 61 par. 1 or 2 or Art. 64 par. 2 of Regulation (EU) 2017/1001 of the European Parliament and of the Council.  
13) Agreement on the participation of the Czech Republic, the Republic of Estonia, the Republic of Cyp rus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Re public in the 
European Economic Area (Notice of the Ministry of Foreign Affairs of the  Slovak Republic No. 266/2004 Coll. of Laws of the Slovak Rep. ), 
Agreement on the participation of the Republic of Bulgaria and Romania in the European Economic Area and four related agreeme nts (Notice of the 
Ministry of Foreign Affairs of the Slovak Repub lic No. 122/2008 Coll. of Laws of the Slovak Rep. ). 
14) For example, section  116 of the Commercial Code, section  483 of the Civil Code, Act No. 111/1990 Coll. of Laws  on the state -owned enterprise, 
as amended.  
15a) For example, section  514 of the Commercia l Code.  
15b) Sections  508 to 515 of the Commercial Code.  
15c) Section  151d (4) of the Civil Code.  
16) Section  151a to 151md and section  552 of the Civil Code.  
17) Nice Agreement Concerning the International Classification  of Goods and Services for the Purposes of the Registration of Marks  of June 15, 
1957,  as revised at Stockholm on July 14, 1967,  and at Geneva on May 13, 1977  (Regulations  of the Minister of Foreign Affairs No. 118/1979 Coll. 
of Laws  as amended by the Regulations of the Minister of Fore ign Affairs No. 77/1985 Coll. of Laws ). 
18) Art. 4 letter D section 3 of the Paris Convention for the Protection of Industrial Property.  
19) Sections  44 to 52 of the Commercial Code.  
19a) Sections  52 and 113a of the Rules of Execution.  
20) Art. 9quinquies of the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks . 
22) Treaty between the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of Germany, the Hellenic Republic, the Ki ngdom of 
Spain, the French Republic, Ireland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the  Republic of Austria, 
the Portuguese Republic, the Republic of Finland, the Kingdom of Sweden, the United Kingdom of Great Brita in and Northern Ireland (Member 
States of the European Union) and the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia , the Republic of 
Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland , the Republic of Slovenia, the Slovak Republic, concerning the 
accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lit huania, the Republic of 
Hungary, the Republic of Malta, the Republi c of Poland, the Republic of Slovenia and the Slovak Republic to the European Union (Notice of the 
Ministry of Foreign Affairs of the Slovak Republic No. 185/2004 Coll. of Laws of the Slovak Rep. ). 
23) Art. 110 of the Regulation (EU) 2017/1001 of the Europ ean Parliament and the Council.  
25) Art. 140 of the Regulation (EU) 2017/1001 of the European Parliament and the Council.  
26) Act No. 586/2003 Coll. of Laws of the Slovak Rep.  on the Bar and on alterations of and additions to the Act No. 455/1991 Coll. of Laws  on trade 
entrepreneurship (Trade Act), as amended, as amended.  
26a) Act No. 344/2004 Coll. of Laws of the Slovak Rep.  on patent attorneys, on an amendment to Act No. 444/2002 Coll. of Laws of the Slovak Rep.  
on designs and Act No. 55/1997 Coll. of Laws of the Slovak Rep.  on trade mark s as amended by Act No. 577/2001 Coll. of Laws of the Slovak Rep.  
and Act No. 14/2004 Coll. of Laws of the Slovak Rep.  as amended.  
27) Act No. 71/1967 Collection of Laws of the Czechoslovak Socialist Rep.  on administrative proceedings ( Rules of A dministrative Procedure ) as 
amended.  
28) Act of the National Council of the Slovak Republic No. 270/1995 Coll. of Laws of the Slovak Rep.  on the state  language of the Slovak Republic 
as amended.  
28a) Act No. 305/2013 Coll. of Laws of the Slovak Rep.  on the electronic form of the exercise of the powers of public authorities and on alterations 
of and additions to certain laws (e -Government Act) as amended . 
28b) Art. 2 par. 2 of the Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and 
trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (Official Journal of the European Union  L 257, 
28.8.2014) as amended.  
28c) Section 3(n) of the Act No. 305/2013 Coll. of Laws of the Slovak Rep.  as amended by the Act no. 273/2015 Coll. of Laws of the Slovak Rep.  
29) Act of the National Council of the Slovak Republic No. 145/1995 Coll. of Laws of the Slovak Rep.  on administrative fees as amended.