WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO 
IP/N/1/SVK/T/7 
16 December 2011 
 (11-6551) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original: English/ 
 anglais/  inglés 
 
 
 
MAIN DEDICATED INTELLECTUAL PR OPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
 
SLOVAK REPUBLIC 
  
 The present document reproduces the text
1 of Act No. 506/2009 Coll. on Trade Marks, as 
notified by the Slovak Republic on 18 June 2010 under Article 63.2 of the Agreement (see document 
IP/N/1/SVK/4). 
 
 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce   
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À 
LA PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
REPUBLIQUE SLOVAQUE 
  
 Le présent document contient le texte
1  de la Loi n° 506/2009 Coll. sur les marques,  notifiée 
par la République slovaque  le 18 juin 2010 au titre de l'article 63:2 de l'Accord (voir le document 
IP/N/1/SVK/4). 
 
 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio  
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
 
REPÚBLICA ESLOVACA 
  
 En el presente documento se reproduce el texto
1 de la Ley Nº 506/2009 (recopilación) de 
marcas de fábrica o de comercio, que la República Eslovaca  ha notificado el 18 de junio de 2010 en 
virtud de lo dispuesto en el párrafo 2 del artíc ulo 63 del Acuerdo (véase el documento IP/N/1/SVK/4). 
                                                 
1 In English only./En anglais seulement./En inglés solamente.  IP/N/1/SVK/T/7 
 Page 3 
  
   
ACT NO 506/2009 Coll. ON TRADE MARKS 
 
From 28 October 2009 
 
National Council of the Slovak Republic has adopted the following Act 
 
SECTION I 
BASIC PROVISIONS 
 
Section 1 
Subject-matter of the Regulation 
 
This Act governs rights and obligations relating to legal protection of trade marks and proceedings on 
trade marks before the Industrial Property Office of  the Slovak Republic (hereinafter referred to as 
"the Office").  
Section 2 
Sign, which can be considered a trademark 
 
Sign, which can be considered a trade mark, shall be any sign capable of being represented graphically 
and consisting particularly of words, including pers onal names, letters, numbers, drawings, shape of 
goods or their packaging or their mutual combinations, if such sign is capable of distinguishing goods or services of one person from goods or services of other person.  
 
Section 3 
 
For the purposes of this Act  
 
a) an international trade mark
1  shall be a trade mark entered in  the Trade Mark Register of the 
International Bureau of the World Intellectual Pr operty Office (hereinafter referred to as "the 
International Register");  b) Community trade mark
2 shall be a trade mark entered in the Community Trade Marks Register 
(hereinafter referred to as "Community Register"); 
 c) well-known trade mark shall be a trade ma rk pursuant to an international convention
3 ; 
 
                                                 
1 Madrid Agreement Concerning the International Registration of Marks  from April 14, 1891; revised 
in Brussels on December 14, 1900; in  Washington, D.C. on June 2, 1911;  in The Hague on November 6, 1925; 
in London on June 2, 1934; in Nice on June 15, 1957 and in Stockholm on July 14, 1967 promulgated by the 
Decree of the Minister of Foreign Affairs No. 65/1975 Coll. amended by the Decree of  the Minister of Foreign 
Affairs No. 78/1985 Coll., 
Communication of the Ministry of Foreign Affairs of the Slovak Republic No 267/1998 Coll. on conclusion of the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks 
2 Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ L 78, 
24.3.2009)  
3 Article 6 bis of the Paris Convention on the Industrial Property Protection from March 20, 1883, 
revised in Brussels on December 14, 1900; in Washington, D.C. on June 2, 1911; in The Hague on 
November 6, 1925; in London on June 2, 1934; in Lisbon on October 31, 1958 and in Stockholm on July 14, 1967, promulgated by the Decree of the Minister of Foreign Affairs No. 64/1975 Coll. and wording by 
the Decree of the Minister of Foreign Affairs No. 81/1985 Coll. IP/N/1/SVK/T/7 
Page 4   
  d) foreign trade mark shall be a trad e mark entered in the trade mark register of a state or in relation to 
a state, which is a contractual pa rty to an international convention4  or a member of the World Trade 
Organisation5. 
 
Section 4 
Earlier trade mark 
 
For purposes of this Act, earlier trade mark shall be 
 a) a trade mark entered in the Trade Mark Regist er of the Industrial Property Office of the Slovak 
Republic (hereinafter referred to as "Reg ister") with an earlier priority right; 
 b) an international trade mark with designation fo r the Slovak Republic with an earlier priority right; 
 
c) a Community trade mark with an earlier priority right or earlier seniority rights
6; 
 d) a sign, which is a subject-matter of a trade mark application (hereinafter referred to as an 
"application"), if it shall be entered as a trade mark referred to in a) or c).   
Grounds for refusal to entry a sign into the Register 
Section 5 
 
(1) The following shall not be registered 
 
a) signs which do not conform with requirements of Section 2; 
 b) signs which are devoid of any distinctive character;  c) signs which consist exclusively of signs or indi cations which may serve, in trade, to designate the 
kind, quality, quantity, intended purpose, value, ge ographical origin or the time of production of goods 
or of rendering of service, or other characteristics of goods or service;  d) signs which consist exclusively of signs or i ndications which have become customary in current 
language or in the bona fide a nd established practices of trade;  
 
e) sign, which consists exclusively of a shape of  goods, which results from the nature of the goods or 
is necessary to obtain a technical result, or gives substantial value to goods;  f) signs which are contrary to public pol icy or to accepted principles of morality; 
 
g) signs which are of such nature as to deceive the public as to the nature, quality, geographical origin 
of goods or services;  h) signs which contain signs registered in  accordance with an international convention
7 without the 
consent of a competent authority; 
 
i) sign which contains signs using of which is contra ry to provisions of other legal enactment or with 
obligations of the Slovak Republic r esulting from international treaties; 
 
                                                 
4 Paris Convention on the Industrial Property Protection. 
5 Communication of the Ministry of Foreign Affairs of the Slovak Republic No. 152/200 Coll. on 
concluding the Agreement Establishing the World Trade Organization 
6 Articles 34 and 35 of the Council Regulation (EC) No 207/2009  IP/N/1/SVK/T/7 
 Page 5 
  
  j) signs which include signs of high symbo lic value, particularly religious symbol; 
 
k) signs which include badges, emblems or escutcheons or other than those covered by an international 
convention7 without the consent of the competent authority8; 
 l)  signs which are subject of application not filed in a good faith;  
m) signs which contain geographical indication and ar e filed with respect to wines or for spirits not 
having that origin.   (2) Paragraph (1)b), c) and d) shall not apply if an  applicant proves that a sign has become distinctive 
in relation to goods or services for which registration is requested in consequence of the use which has 
been made of it within the Slovak Republic or in  relation to the Slovak Republic before filing an 
application.  
 
Section 6 
 
A sign shall not be registered if it is identical with  an earlier trade mark for identical goods or services 
of a different applicant or proprietor; this shall not  apply if an applicant or a proprietor of identical 
earlier trade mark gives a written consent to a sign registration.   
Section 7 
 
The sign shall not be registered upon oppositions agains t registration of a sign (hereinafter referred to 
as "oppositions") filed pursuant to Section 30 
 a) by the proprietor, if because of its identity with , or similarity to, the earlier trade mark and the 
identity or similarity of goods or services covere d by the sign and the trade mark there exists a 
likelihood of confusion on the part of the public; th e likelihood of confusion includes the likelihood of 
association with the earlier trade mark; 
 b) by the proprietor of an earlier trade mark, if becau se of identity of the sign with, or similarity to, the 
earlier trade mark, which has a reputation in the territory of the Slovak Republic or in the case of the Community trade mark has a reputation in the Euro pean Community, where the use of such sign for 
goods or services, which are not similar to those for which the earlier trade mark is registered, where 
the use without due cause would take unfair advant age of, or be detrimental to, the distinctive 
character or the repute of the earlier trade mark;  c) by the user of well known trade mark, if because  of identity of the sign with the well known trade 
mark which became well known in the territory of th e Slovak Republic or in relation to the territory of 
the Slovak Republic before filing date of an applica tion for such trade mark for such user, and goods 
or services, for which such sign and trademark are registered, are identical;  d) by the user of well known trade mark, if because of identity of the sign with, or similarity to, the well known trade mark, which, before filing date, became well known 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 for which the si gn and well known trademark are registered, there 
exists a likelihood of confusion on the part of the public; the likelihood of confusion includes the 
likelihood of association with the well known trade mark;  
                                                 
7 Article 6 ter of the Paris Convention on the Industrial Property Protection 
8 e.g. § 1b of the Act No. 369/1990 Coll. on Municipality, as amended IP/N/1/SVK/T/7 
Page 6   
  e) by the proprietor of a foreign trade mark, if an  applicant, who is or was a representative of the 
proprietor of a foreign trade mark or is his re presentative on the base of other legal relationship 
(hereinafter referred to as "commercial representa tive") in the territory of the Slovak Republic, 
requested the registration of a sign in his own name w ithout the consent of the proprietor; this shall not 
apply if a commercial representative ha d a proper reason for such action; 
 f) by the user of a non-registered sign or of other si gn used in the course of trade, if because of its 
identity with, or similarity to, a non-registered  sign used in the course of trade in the territory  of the 
Slovak Republic, which acquired prior to the date of  application for registration by its using in the 
territory of the Slovak Republic or in relation to  the territory of the Slovak Republic distinctive 
capability for identical or similar goods or services of the user and such sign is of more than mere 
local significance;  
g) by the natural person, if using of such  sign would infringe his/her rights of privacy
9 or by the 
natural person entitled to set up a claim to right of privacy;  h) by the proprietor of an earlier industrial property right
10 if use of such sign would infringe these 
rights; 
 
i) by the person whose rights to the author work wo uld be infringed by the use of the sign , if such 
work was made prior to filing date of the application.   
PART II 
RIGHTS CONFERRED BY A TRADE MARK 
 
Section 8 
 
(1) The proprietor of a trade mark shall have an excl usive right to use a 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 sign ® with the trade mark.  
 (2) Unless otherwise stated, the proprietor shall be  entitled to prevent third parties not having his 
consent from using in the course of trade a sign  
a) identical with a trade mark for goods or service s identical with those, fo r which a trade mark is 
registered;  b) if because of its identity with, or similarity to, the trade mark and the identity or similarity of the 
goods or services there exists a likelihood of confus ion on the part of the public; the likelihood of 
confusion includes the likelihood of association with the trade mark; 
 
c) identical with, or similar to, the trade mark with the reputation in the territory of the Slovak 
Republic, not registered for identical or similar goods or services, if the use of that sign without due 
case takes unfair advantage of, or is detrimental to, th e distinctive character or the repute of the trade 
mark.  
 
(3) Section 9(2) shall apply to the use of a sign pursuant to paragraph (2) mutatis mutandis.  
 
                                                 
9 §§ 11 to 16 of Civil Code 
10 e.g. Act No. 444/2002 Coll. on Designs as amende d, Act no. 469/2003 Coll. on designations of origin 
for products and geographical indications for products and on amendment of some acts   IP/N/1/SVK/T/7 
 Page 7 
  
  (4) If an rights conferred by the trade mark were infri nged, the proprietor of the trade mark shall have 
the right to apply for prohibition of an infringement or jeopardising  of his rights and to remedy the 
consequences of such action; the proprietor of the trade mark may also claim appropriate satisfaction, 
including pecuniary satisfaction. The right to claim the surrender of unjustified enrichment and to claim the damages shall not be affected.   (5) The proprietor of the trade mark may also cl aim the damages caused by actions committed after 
the date of publication of the application and whic h could be considered infringing the rights conferred 
by the trade mark after registration of the trade mark.   (6) If the reproduction of the trade mark in a dictio nary, encyclopaedia or similar reference work in 
which the trade mark is being reproduced so that it gives an impression that it constitutes generic name 
of the goods or services, the publisher of the work sha ll, at the request of the proprietor of the trade 
mark ensure that the reproduction of the trade mark at  the latest in the next edition of the publication is 
accompanied by an indication that it is a registered trade mark.    
 
(7) If the trade mark is registered in the name of the proprietor of the foreign trade mark without his 
consent, the proprietor of the foreign trade mark sh all have the right to prohibit the agent from using 
the trade mark, unless the agent justifies his action.  
 (8) Disputes on trade marks shall be heard and decided by courts
11. 
 
Use of a trade mark 
Section 9 
 
(1) The use of the trade mark is its use by its propr ietor in relation to the goods or services for which it 
is registered.   (2) The use of the trade mark under paragraph (1) includes particularly 
 
a) affixing the trade mark to the goods or to the packaging of the goods; 
 
b) offering or placing on the market of such marked goods or storing for these purposes, or 
offering or providing of such marked services; 
 
c) import or export of such marked goods; 
 
d) use of the trade mark in a trade correspondence or entertainment.  
 (3) The use of the trade mark pursu ant to paragraph (1) also includes 
 
a) use of the trade mark in a form differing in  elements which do not alter the distinctive 
character of the mark in the form in which it was registered; 
 
b) affixing of the trade mark to goods or to the packaging thereof within the territory of the 
Slovak Republic solely for export purposes.  
 (4) Use of the trade mark with the consent of th e proprietor and use of the collective trade mark 
(Section 43) by the entitled person shall be deemed to constitute use by the proprietor.   
                                                 
11  § 11 of the Act No 371/2004 Coll. on Seats and Te rritories of the Courts of the Slovak Republic, as 
amended IP/N/1/SVK/T/7 
Page 8   
  Section 10 
 (1) A trade mark cannot be declared invalid because of the earlier trade mark, if the earlier trade mark 
has not been used during an uninterrupted period of at least five years immediately preceding the filing 
of a request for revocation of the trade mark , unless the proprietor justifies his action.  
 (2) If the earlier trade mark is used only for certa in goods or services, for which it is registered, the 
earlier trade mark may constitute the ground for declara tion of invalidity of a later trade mark only in 
respect to those goods and services, for wh ich the earlier trade mark is used.  
 
Section 11 
Right of information 
 (1) In case of infringement or jeopardising the rights pr otected by this Act, the proprietor of the trade 
mark has the right to apply to the court for a deci sion to order the party infringing or jeopardising his 
rights to provide information on the origin and distribution networks of the goods or services or circumstances of placing the goods or services on the market.   
(2) Information under paragraph (1) shall be:  
 a) name and surname or the corporate name, or the name and place of the seat or place of the business, 
or the seat of the producer, manufacturer, processer, storekeeper, distributor, provider, seller, intended 
seller and other previous holders of the goods or providers of the services;  
b) indications on produced, processed, provided or ordered amount and on the price of the related 
goods or services.   (3) Any person who  
a) holds the goods infringing or jeopardising rights pursuant to this Act; 
 b) uses the services infringing or jeopar dising rights pursuant to this Act; 
 c) provides services used in activities related to in fringement or jeopardising rights pursuant to this 
Act; or  
 d) was a person referred to in point a) to c) as  being involved in the production, processing or 
distribution of the goods or providing the services infringing or jeopardising the rights pursuant to this Act;   
shall be obliged to provide inform ation under paragraphs (1) and (2). 
 (4) The right of information shall not be conferred if the possible consequences were inadequate to the 
seriousness of the consequences resulti ng from performing of such duty.  
 
Section 12 
 
(1) In case of infringement or jeopardising trade mark  rights the proprietor of the trade mark shall have 
the right to apply to the court for an order that the goods, materials or tools infringing or jeopardising trade mark rights were  
a) recalled from the channels of commerce; 
  IP/N/1/SVK/T/7 
 Page 9 
  
  b) definitively removed from the channels of commerce; 
 
c) prevented from further infringement or jeopardis ing the rights; simple removing of unlawful using 
of sign on faked goods are not considered as a provision preventing further infringement;  d) destroyed in a suitable manner.   
(2) Provisions pursuant to the paragraph (1) shall be  performed at the expense of the person infringing 
or jeopardising trade mark rights, unless special circ umstances give reason for different procedure.  
 (3) The proposal pursuant to paragraph (1) d) part relating to destruction of the subjects is not binding 
for the court.   
Section 13 
 
(1) In protection of rights pursuant to this Act the court may impose by a provisional measure
12 same 
obligations as in a decision on the merits of the case if any delay could cause to entitled person a 
hardly reclaimable pecuniary or non-pecuniary injury. 
 
(2) Within a decision on provisional measure the court may, also without request, impose a duty to a plaintiff to pay a deposit of an adequate amount or to implicate that decision comes into force by execution of an imposed duty. The court shall take into account, within its deciding on the amount of a 
warranty deposit, the seriousness of a pecuniary or non-pecuniary injury which can occur to the 
defendant as well as assets of a plaintiff therewith that imposing a duty to pay a deposit shall not be 
the substantial impediment of efficient application of right. 
 (3) The court may on request of defendant decide on giving warranty deposit over to the defendant as 
a compensation of pecuniary or non-pecuniary inju ry in finance caused directly by execution of 
preliminary measures and the plaintiff failed to su bmit the proposal to start proceedings within the 
time limit set by the court or the plaintiff was not successful on the merit of the case. The court may 
decide on refunding warranty deposit or  proportionate part thereof to the plaintiff, if the plaintiff was 
successful or partly successful on the merit of the case.   (4) If within the period of six months from detection of injury occurrence pursuan t to paragraph (3), no 
compensation or satisfaction is claimed at court pur suant to paragraph (3) or an agreement on using 
the warranty deposit between parties is not conclude d, the court shall refund the warranty deposit. 
 
Section 14 
Limitation of trade mark rights 
 
(1) The proprietor of the trade mark is not entitled to  prohibit third persons from using in the course of 
the trade their name and surname, corporate name or  name or address, indications concerning the kind, 
quality, quantity, intended purpose, value, geographical  origin, the time of production of goods or of 
rendering of services, or other characteristics of goods or services and a sign necessary to indicate the intended purpose of products or services, in particular  as accessories or spare parts, provided they use 
them in accordance with honest commercial prac tices, good morals and competition rules.  
 (2) The proprietor of the trade mark has to tolerate  in the course of trade the use of a sign with the 
local significance identical with or similar to the trad e mark, if it was used pr ior to the date of filing 
the application for registration and the scope of the use did not change.    
                                                 
12 §§ 74 to 77 and § 102 of The Rules of Civil Procedure IP/N/1/SVK/T/7 
Page 10   
  Section 15 
Exhaustion of trade mark rights 
(1) The proprietor of the trade mark is not entitled to  prohibit its use in rela tion to goods which have 
been put on the market in the European Economic Area13 under that trade mark by the proprietor or 
with his consent.   (2) The provisions of paragraph (1) shall not a pply where the proprietor of the trade mark has 
legitimate reasons to oppose further commercialisation of the goods, in particular where the condition 
of the goods has been changed or impaired after they have been put on the market.  
 
Section 16 
Limitation of trade mark rights in consequence of acquiescence 
 
(1) Where the proprietor of an earlier trade mark or the holder of other rights as referred to in 
Section 7(c),(d),(f) has acquiesced, for a period of five  successive years, in th e use of a later trade 
mark while being aware of such use, he shall no longer be entitled on the basis of the earlier trade 
mark either to apply for a declaration that the late r trade mark is invalid or to oppose the use of the 
later trade mark in respect of the goods or services for which the later trade mark has been used, unless 
registration of the later trade mark was applied for in bad faith. 
 (2) The proprietor of the later trade mark shall not be entitled to oppose the use of the earlier trade 
mark or of other rights pursuant to paragraph (1), even  if the proprietor of the earlier trade mark or the 
holder of other rights pursuant to  paragraph (1) has acquiesced, for a period of five successive years, 
in the use of a later trade mark.  
 
Section 17 
Transfer of the trade mark 
 
(1) The trade mark may be transferred to any person in respect of all or some of the goods or services 
for which the trade mark is registered. The transfer  of the trade mark shall be made in writing by 
means of a contract.    (2) The transfer of the trade mark becomes effective vis-à-vis  third parties upon its entry in the 
Register. The rights of third parties acquired before the date of effectiveness of the transfer of the trade 
mark shall be preserved. On request of any of the parties to the contract the Office shall enter the 
transfer of the trade mark in the Register.   (3) The transferee of the trade mark may take any actions vis-à-vis  the Office once the request for 
entry of the transfer has been delivered to the O ffice; the provisions of paragraph (2) shall not be 
affected.  
 
(4) The Office shall refuse the request  for entry of the transfer of the trade mark, if the transfer 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 mark is registered.   
                                                 
13 Agreement on the participation of the Czech Repu blic, the Republic of Estonia, the Republic of 
Cyprus, the Republic of Latvia, the Republic of Lithuani a, the Republic of Hungary, the Republic of Malta, the 
Republic of Poland, the Republic of Slovenia and the Slovak Republic in the European Economic Area, 
(Communication of the Ministry of Foreign Affairs of the Slovak Republic No. 266/2004 Coll.), Agreement on the participation of the Republic of Bulgaria and Ro mania in the European Economic Area and four related 
agreements (Communication of the Ministry of Foreign Affairs of the Slovak Republic No. 122/2008 Coll.)   IP/N/1/SVK/T/7 
 Page 11 
  
  (5) If the transfer of the trade mark could be decep tive to the public pursuant to paragraph (4) only for 
some goods or services for which the trade mark is registered, the Office sha ll refuse the request for 
entry of the transfer of the trade mark only in respect for these goods and services.  
 (6) The provisions of paragraphs (1) to (5) shall apply mutatis mutandis also for transfer of the trade 
mark application rights.   
Section 18 
Assignment of the trade mark 
 
(1) The trade mark shall be assigned to a new proprietor also in cases pursuant to special laws
14. 
 (2) The assignment of the trade mark  becomes effective vis-à-vis third parties upon its entry in the 
Register. The rights of third parties acquired before the date of effectiveness of the assignment of the 
trade mark shall be preserved. The Office shall ente r the assignment of the trade mark in the Register 
on request of the original proprietor or the new proprietor.   (3) The new proprietor of the trade mark may take any actions vis-à-vis the Office once the request for 
entry of the assignment has been delivered to the Of fice; the provisions of paragraph (2) shall not be 
affected.   (4) The provisions of paragraphs (1) to (3) shall apply mutatis mutandis also for assignment of the 
trade mark application rights.  
Section 19 
 
The proprietor of the foreign trade mark may propos e a motion to the court for a determination of his 
right to register the change of the proprietor of the trade mark, if the trade mark  has been registered in 
the name of his agent. The court shall refuse the pr oposal for motion if the agent justifies his action. 
On the basis of the final court decision the Office shall register the change of the proprietor of the 
trade mark. 
Section 20 
Licence agreement 
 
(1) The proprietor of the trade mark shall grant any person the right to use a trademark for all goods or 
services for which a trademark has been registered or for only a part of them by the licence agreement. 
 (2) Unless this Act provides otherwise, provisions of a special regulation
15 shall apply to the 
establishment, expiration and exercise of license agreement rights.  
(3) The licence agreement becomes effective vis-à-vis  third parties upon its entry in the register. The 
Office shall register the licence agreement on the requ est of any of the parties to the agreement.  
Unless otherwise provided by the licence agreement, the proprietor of the trade mark shall be entitled 
to grant a licence to other parties a nd he also may use the trade mark.  
 
(4) In case of infringement or jeopard ising of rights protected by this Act, a licence holder shall have 
same rights as a trade mark proprietor.  
                                                 
14 e. g. § 116 of the Commercial Code, § 483 of the Civil Code, the Act No. 111/1990 Coll. on State 
Enterprise, as amended 
15 §§ 508 to 515 of the Commercial Code IP/N/1/SVK/T/7 
Page 12   
  (5) The proprietor of the trade mark may invoke his rights conferred by his trade mark against a 
licensee who breaches any provision of the licence agreem ent with regard to its duration, the form in 
which the trade mark may be used, the scope of goods and services for which the licence is granted, 
the territory in which the trade mark may be u sed, or the quality of goods manufactured or services 
produced or provided by the licensee.   
Section 21 
Right of lien 
 
(1) Right of lien on the trad e mark may be established. 
 (2) Unless otherwise provided by this Act, provisions of a special regulation
16 shall apply to the 
establishment, expiration and exercise of the right of lien. 
 
(3) An agreement on establishment of the right of lie n shall be made in written otherwise it shall be 
void.  (4) The Office shall register the establishment or expiration of the right of lien on the trade mark on 
request of pledge creditor or pledge debtor.  
 (5) The right of lien on the trade mark shall be  established upon its entry into the Register.  
 
Section 22 
Term of protection and renewal of registration of the trade mark 
 (1) Term of protection of the registered trade mark shall be ten years from filing date of the 
application.  (2) The registration of the trade mark shall be renewe d upon request of the proprietor of the trade mark 
or of the pledge creditor for further periods of te n years. The renewal of the registration shall take 
effect as of the date of expiry of the registration of the trade mark.  
 
(3) The request for renewal may be filed at the earliest  within twelve months before the expiry of the 
registration. Without prejudice to paragraph (4), if th e request for renewal is not filed at the latest on 
the day of expiry of the validity, the request for re newal of the registration is deemed not be filed.  
 
(4) If the request for renewal of the trade mark is no t filed in the period pursuant to paragraph (3), it 
may be filed within the additional period of six m onths following the expiry of the period for filing the 
request for renewal of the trade mark pursuant to paragraph (3).  (5)  If the request for renewal is filed in respect of only some of the goods or services for which the 
trade mark is registered, the registration sha ll be renewed only for those goods or services.  
 
Section 23 
Termination of the trade mark 
 
(1) A trade mark shall terminate 
 a) on the expiry of term of protection, unless request  for renewal of registration was filed in due time; 
 
                                                 
16 §§ 151a to 151md and § 552 of the Civil Code  IP/N/1/SVK/T/7 
 Page 13 
  
  b) on day when the proprietor surrendered his trade mark; surrender the trade mark shall be effective 
on the day stated in the declaration on surrender the trade mark as a day when the trade mark 
proprietor surrendered his right; if this day is not stated in the declaration, surrender the trade mark 
shall be effective on the day of its delivery to the Office;  c) from day of effectiveness of a trade mark revocation.  
(2) Surrender the trade mark, to which the rights of  third persons entered in the Register are bound, 
shall be effective on the day of filing a written consent of the person whose rights or interests 
protected by rights may be affected by the termina tion of the trade mark, or on the day when the trade 
mark proprietor proved the expiry of these rights.   
SECTION III 
PROCEEDINGS BEFORE THE OFFICE 
 
Section 24 
Application 
 
(1) Registration of the trade mark shall be made at th e request by the application filed with the Office.  
 (2) The application shall contain  a) request for entry of the sign as the trade mark into the Register; 
 
b) information identifying the applicant; 
 c) information identifying the representative, if the applicant is represented by a representative; 
 d) wording or representation of the sign applie d; in case of three-dimensional sign its surface 
representation; 
 e) list of goods or services in respect of which th e sign shall be entered as the trade mark into the 
Register;  
f) signature of the applicant or his representative.  
 (3) The list of goods and services under paragraph (2 )(e) shall be classified pursuant to international 
treaty
17  with the respective number of the class. 
 (4) Application shall be filed for one sign only. 
 
Section 25 
Date of filing the application 
 
(1) The date of filing the application shall be the da te of delivery of the application to the Office which 
contains 
 a) data indicating an apparent intention of  the applicant to file an application; 
 
                                                 
17 The Nice Convention on International Classification of Goods and Services for the Purposes of Mark 
Registration from June 15, 1957; revised in Stockholm on July 14, 1967 and in Geneva on May 13, 1977, promulgated by the Decree of the Minister of Foreign Affairs No. 118/1979 Coll. and amended by the Decree of 
the Minister of Foreign Affairs No. 77/1985 Coll. IP/N/1/SVK/T/7 
Page 14   
  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) except classification referred to in 
Section 24 (3).  (2) If the application does not meet the requireme nts and does not contain data as laid down in 
paragraph (1), the Office shall call upon the applicant to remedy the deficienci es within the prescribed 
time limit, which cannot be shorter than two months. In this case the day of filing the application shall 
be date of delivery the application with amended data and requirements; otherwise the application 
shall be considered not to be filed.   
Section 26 
Right of priority 
 (1) The applicant shall enjoy a right of priority vis-à-vis  any person who files an application containing 
identical or similar sign for identical or similar goods or services after  a) filing date of the applica tion according to Section 25; or 
 
b) date of priority of previous trade mark a pplication pursuant to an international convention
4 . 
 (2) The applicant shall claim priority right pursuant to paragraph (1)(b) in the application and within 
the period of three months from the f iling date he shall prove this right
18 otherwise it shall not be taken 
into consideration. Priority right may be  clai med from one application only provided that this 
application has been first and filed in a state which is contracting party to an international convention4) 
or which is a member of the World Trade Organization5; otherwise this right may be claimed only 
under the condition of reciprocity.  (3) If the applicant claims the right of priority in accordance with the paragraph (1)(b), he shall state in 
the application the trade mark application number a nd filing date of the trade mark application, of 
which the priority is being claimed, and the stat e where the application was filed. If the applicant 
claims the priority of more than one application,  the applicant has to state for each of the goods and 
services from which application the priority is claimed.  
(4) The right of priority pursuant to paragra ph (1)(b) shall apply also in respect of services. 
 (5) The Office shall upon request issue a pr iority document to the applicant.  
 
Section 27 
Amendment and division of the application 
 
(1) The application may be amended upon request of  the applicant only for the purpose of correcting 
the name, surname or the name, corporate name and address of permanent residence provided that 
such amendment came up after the application was f iled and this amendment upda tes data contained in 
the applied sign without any changes to the overall character of the sign. Other amendments of the 
applied sign shall not be admissible after filing the application. If the sign that is subject of the 
application is amended after publication of the appli cation, the application shall be re-published with 
amended sign.  
                                                 
4 Paris Convention on the Industrial Property Protection 
18 Article 4 d) 3) of the Paris Convention on the Industrial Property Protection  IP/N/1/SVK/T/7 
 Page 15 
  
  (2) After filing the application the applicant shall be  entitled to restrict the lis t of goods or services for 
which the sign is to be registered; such restricti on shall not be withdrawn. No extension of list of 
goods or services, for which the sign is to be register ed, shall be admissible after filing the application. 
 (3) An applicant shall be entitled up to entry of a sign into the Register to divide the application 
containing in the list more than one kind of goods or  services into separate applications. The right of 
priority and the filing date from the application as filed shall be remain unchanged also for divisional 
applications, if they are related to goods  and services from the application as filed. 
(4) The provisions of paragraphs (1) and (2) sh all be applied accordingly to the trade mark.  
 
Section 28 
Examination and publication of the application 
 (1) The Office shall examine whethe r the application meets conditions pursuant to this Act in the 
registration proceedings.   (2) If the application fails to meet conditions pursuan t to Section 24(2) to (4), the Office shall request 
the applicant to remedy the deficiencies within th e prescribed time limit. If the applicant fails to 
remedy the deficiencies within the prescribed time li mit, the Office shall terminate the proceedings on 
the application. An applicant shall be notified of this consequence in the invitation to remedy the 
deficiencies.  (3) If the sign fails to meet conditions pursuant to  Section 5 or 6, the Office shall refuse the 
application. Before the application is refused, th e Office shall enable the applicant to respond to 
ascertained reasons for refusal of an application. 
 (4) If reasons for refusing the application pursuant to paragraph (3) relate to only a part of goods or 
services, the Office shall refuse the applicati on only for this part of goods or services. 
 
(5) If proceedings on the application were not te rminated pursuant to paragraph (2) or if the 
application was not refused pursuant to paragraph (3 ), the Office shall publish the application in the 
Official Journal of the Industrial Property Office of the Slovak Republic (hereinafter referred to as 
"Official Journal").  
Section 29 
Observations against entry into the Register 
 
(1) Any person shall be entitled till the registration of  the sign to submit written observations against 
entry of the sign into the Register based on the ground s under Section 5 or 6; the Office shall take into 
account observations in deciding on entry of th e sign into the Register. Person who submitted 
observations shall not be a party to pro ceedings on the trade mark application. 
 (2) The Office shall inform the a pplicant about the observations and shall request him to respond 
within the prescribed time limit.  The Office shall inform the applicant and the person who submitted 
observations about results of observations assessment. 
 
Section 30 
Oppositions 
 
 
After publication of the application in the Offici al Journal, a person referred to in Section 7 
(hereinafter referred to as "opponent") shall be en titled to file oppositions to  registration within the 
period of three months from the publication date . The oppositions must specify the grounds on which IP/N/1/SVK/T/7 
Page 16   
  they are made and they have to be supported by  evidence. The Office shall not consider any 
amendments to the oppositions or any evid ence made after the prescribed time limit. 
 
Section 31 
 
(1) If the oppositions have not been filed duly and in  due time referred to in Section 30, the Office 
shall terminate the opposition proceedings. The deci sion on the proceedings termination shall be 
delivered by the Office to the opponent. 
 (2) The Office shall inform the applicant about  oppositions, proceedings on which have not been 
terminated pursuant to paragraph (1), and sha ll request him to respond within the prescribed time 
limit.  
(3) If the applicant fails to respond to the oppositions  within the prescribed time limit referred to in 
paragraph (2), the Office shall terminate the pro ceedings on the application within the scope of 
oppositions submitted. The applicant shall be notified by  the Office of this con sequence in the request 
to respond. The decision on termination of the proc eedings on application shall be delivered by the 
Office to the applicant and to the opponent. 
 
(4) The Office shall terminate the opposition proceedi ngs, if the reason, for which the opposition was 
filed, has ceased. Decision on termination of the op position proceedings shall be delivered by the 
Office to the applicant and to the opponent.  
Section 32 
 (1) On the basis of oppositions, to which the a pplicant has responded, the Office shall examine 
whether an applied sign meets prescribed conditi ons for registration referred to in Section 7. 
 (2) If the Office finds out in the opposition proceed ings that the sign fails to meet conditions for 
registration referred to in Section 7, the Office sha ll refuse the application. If the reasons for refusal of 
the application concern only certain goods or services , the Office shall refuse the application in respect 
of those goods or services.  (3) If the Office finds out that no reasons referre d to in Section 7 exist, the oppositions shall be 
refused. 
 
Section 33 
Registration of the trade mark 
 
(1) Where the application meets the requirements fo r entry of the sign into the Register and the 
proceedings on the application have not been term inated and no opposition w as filed within the time 
limit referred to in Section 30 or where the opposition  was refused by a final decision or the opposition 
proceedings was terminated by a final deci sion, the Office shall register the sign. 
 (2) The registration of the trade mark takes effect with the day of entry of the trade mark into the 
Register. By this day, the applicant becomes the tr ade mark proprietor; the Office shall issue to the 
proprietor a certificate on entry of the trade mark into the Register.  (3) The Office shall publish registration of th e trade mark in the Official Journal. 
  IP/N/1/SVK/T/7 
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  Section 34 
Revocation of the trade mark 
 (1) The Office shall revoke the trade mark on the request of a third party 
 a) if the trade mark has not been properly used for goods or services in  respect of which the trade mark 
is registered within the 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 terr itory of the Slovak Republic within the continuous 
period of five years. The Office shall not revoke the trade mark, if the use of the trade mark commenced or was resumed following five years of non use and filing the request for revocation of the trade mark;  the use which co mmenced or which was resumed follo wing five years of non-use of 
the trade mark within three months preceding th e filing of the request for revocation shall be 
disregarded where the preparations for the commen cement or the resumption of the use occurred only 
after the proprietor becomes aware that a request fo r revocation of the trade mark might be filed;  
 b) if by the consequence of acts or inactivity of the proprietor the trade ma rk has become the common 
name in the trade for products or services for which it is registered;  
 
c) if the trade mark, in consequence of the use ma de of it by the proprietor or with his consent in 
respect of the goods or services for which it is register ed, is liable to mislead the public, particularly as 
to the nature, quality or geographical origin of those goods or services. 
 (2) The Office shall upon request of a third party re voke the trade mark on the basis of the court 
decision declaring that: 
 a) the trade mark containing the name and surnam e or the image of the natural person, or its 
pseudonym, infringes the rights to protection of personality;  
b) the trade mark containing the name or the trade name of the natural or th e legal person interferes 
with its reputation;  c) the trade mark infringes earlier copyright;  
d) the using of the trade mark is an act of unfair competition
19.  
 (3) The request for revocation of the trade mark refe rred to in paragraph (2) shall be filed within six 
months from date of validity of the court decision.  (4) Where the ground for revocation of the trade mark exists in respect of only some of the goods or 
services for which the trade mark is registered, the Office shall revoke the tr ade mark in respect of 
those goods or services only.  (5) Revocation of the trade mark shall be effective fro m the filing day of the request for its revocation.  
 
Section 35 
Declaration of invalidity of the trade mark 
 
(1) The Office shall upon request of a third party or on its own motion declare a trade mark invalid, if 
the trade mark has been registered contrary to  provisions valid in the time of its registration.  
 
                                                 
19 §§ 44 to 52 of the Commercial Code IP/N/1/SVK/T/7 
Page 18   
  (2) Where the trade mark has been registered in breach of Section 5(1)(b) to (d), it shall not be 
declared invalid pursuant to paragraph (1) by the Of fice, if the proprietor proves that 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 territory of the Slovak Republic fo r goods or services for which it is registered after 
its registration, before the proceedings on the request  for declaration of invali dity of the trade mark 
started.  
(3) The Office shall also declare a trade mark i nvalid upon request of the person referred to in 
Section 7 and for reasons stated in Section 7 if the proceedings on declaration of invalidity of the trade 
mark proves that this reason exists.  (4) The Office may declare the trade mark invalid ev en after its termination pursuant to Section 23(1), 
if the person filing the request for declaration of inva lidity of the trade mark declares the legal interest.  
 
(5) Where the trade mark is declar ed invalid, the trade mark shall be deemed never to have been 
registered.  (6) Where the ground for invalidity exists only in re spect of some of the goods or services for which 
the trade mark is registered, the trade mark shall be declared inva lid in respect of those goods or 
services only.  
Section 36 
Special provisions on effects of revocation of the trade mark or 
declaration of invalidity of the trade mark 
 (1) Effects of the revocation or invalidity of a trade mark do not affect 
 a) decisions concerning the infringement of trade ma rk rights which became effective and which were 
enforced before the effective date of the deci sion on revocation or invalidity of the trade mark; 
 
b) agreements concluded before the effective date of the decision on revocation or invalidity of a trade 
mark in the extent of the fulfilment provided on their basis before the effective date of such a decision; 
it is however possible to claim the surrender of the fulfilment already provided on the basis of the 
agreement.  
 
(2) The provision of paragraph (1) shall be without  prejudice to the liability of the proprietor of the 
trade mark for damage or unjustified enrichment.   
Section 37 
Request for revocation of the trade mark and  
request for declaration of invalidity of the  
trade mark 
 
(1) The request for revocation or declaration of inva lidity of the trade mark shall contain grounds and 
it shall be supported by evidence; additional grounds of the request for revocation or declaration of 
invalidity of the trade mark shall not be taken into consideration.  
 (2) If of the request for revocation or declaration of  invalidity of the trade mark fails to meet the 
requirements referred to in paragraph (1), the Offi ce shall terminate the proceedings on this request. 
The decision on termination of the proceedings shall be delivered to the pers on who filed the request 
for revocation or declaration of invalidity of the trad e mark (hereinafter referred to as "plaintiff").  
  IP/N/1/SVK/T/7 
 Page 19 
  
  (3) If the Office does not terminate the proceedings  on request for revocation or declaration of 
invalidity of the trade mark pursuant to paragraph (2) or (6), it shall invite the proprietor of the trade 
mark to present his statement to th e request for revocation or declar ation of invalidity of the trade 
mark.   (4) If the proprietor of the trade mark does not pr esent his statement to the request for revocation or 
declaration of invalidity of the trade mark within prescribed time limit under paragraph (3), the Office 
shall decide on the basis of the content of the file.  
 (5) The Office shall refuse the requ est for revocation or declaration of invalidity of the trade mark if it 
ascertains that the request fails to meet the requireme nts referred to in Section 34(1) to (3) (revocation 
of the trade mark) or Section 35(1) or (3) (declaratio n of invalidity of the trade mark). The request for 
declaration of invalidity of the trade mark shall be refused also if the Office ascertains that the 
conditions referred to in Se ction 10(1) are being met on the basis of the statement of the proprietor of 
the later trade mark.  (6) If the ground of the request for declaration of th e invalidity of the trade mark ceased to exist, the 
Office shall terminate the proceedings on the request  referred to in Section 35. The decision on the 
termination of the proceedings shall be delivered by the Office to the plaintiff and to the proprietor of 
the trade mark.   (7) The request for revocation of the trade mark under Section 34(1) or for declaration of invalidity of 
the trade mark under Section 35 (1) or (3) shall be  filed only with the payment of the caution of 
100 EUR. The caution shall be refunded by the Office if the request for revocation or for declaration 
of invalidity of the trade mark is being granted.  
 
Section 38 
Extension of the time lime 
and continuation of proceedings 
 (1) On the basis of request of a party to proceedi ngs on extension of time limit set by the Office for 
performing an act filed before the expiry of such time limit, the Office is entitled to extend the time 
limit.  
(2) If a party to proceedings before the Office om itted to observe a time limit for performing the act 
set by the Office, he is entitled to request the Offi ce for continuation of proceedings and at the same 
time to carry out the omitted act. The request for c ontinuation of proceedings shall be admissible only 
if it is presented within two months followi ng the expiry of the unobserved time limit.  
 (3) Request, referred to in paragraph (2), shall be re fused in case of failure to comply with time limit 
under Sections 31(2) and 37(3). 
 (4) The Office shall refuse request for extension of  time limit or continuation of proceedings which 
fails to comply with conditions referred to in paragraphs (1) or (2) or  is not allowable under 
paragraph (3); before the request is refused, th e Office shall enable the requester to present the 
statement to ascertained reasons on basis of  which the request is to be refused. 
 (5) If the Office grants the request for further pr oceedings, legal consequen ces of having failed to 
observe the time limit shall be deemed not to have occurred.  (6) If the Office does not decide on refusing the request  referred to in paragra ph (1) within two months 
from its delivery, the request shall be deemed to be granted. 
 IP/N/1/SVK/T/7 
Page 20   
  Section 39 
Restitutio in integrum 
 
(1) If a party to proceedings before the Office that, in spite of all due care required by the 
circumstances having been taken, was unable to comp ly with the time limit where the consequence of 
failure to perform this act is proceedings terminati on or forfeiture of other right, it is entitled to request 
the Office for restitutio in integrum and at the same time to carry out the omitted act. The application 
must be filed within two months from removal of the obstacle to compliance with the time limit and 
not later than within twelve months immediately fo llowing the expiry of the unobserved time limit and 
in the case of non-submission of the request for renewa l of registration, within the further period of six 
months following the expiry of the additi onal time limit provided in Section 22(4). 
 (2) Party to proceedings shall be obliged to state th e facts preventing to carry out the act and the date 
of the removal the obstacles causing the failure  to carry out the act in the request for restitutio in 
integrum within the time limits lay down in paragraph (1). 
 (3) In case of doubts about veracity of a statement pur suant to paragraph (2), the Office is entitled to 
request the party to proceedi ngs to prove its statements. 
 
(4) Request for restitutio in integrum shall not be satisfied in case of failure to comply with the time 
limits for   a) filing the request for continuation of proceedi ngs pursuant to Section 38(2) and the request for 
restitutio in integrum  pursuant to paragraph (1); 
 
b) claiming and proving the right of priority pursuant to Section 26(2);  c) filing the oppositions pu rsuant to Section 30; 
 
d) filing the appeal pursuant to Section 40(1); 
 e) performing the acts pursuant to Section 22(3), Section 31(2), Section 34(3), Section 37(3) and 
Section 40(3).   
(5) The Office shall refuse the request for restitutio in integrum which fails to comply with conditions 
under paragraphs (1) and (2), or it is not possible to  be granted pursuant to paragraph (4), or the party 
to proceedings fails to prove its statements pursuant to paragraph (3); before the request is refused the 
Office shall allow the party to proceedings to r espond to ascertained reasons on basis of which the 
request is to be refused.  
(6) If the Office grants the request for restitutio in integrum,  legal consequences of having failed to 
observe the time limit shall be deemed not to have occurred.  
Section 40 
Appeal 
 (1) An appeal may be filed against any decision of th e Office within the time limit of thirty  days from 
the delivery of the decision unless this Act provid es otherwise; the appeal lodged in due time shall 
have suspensive effect.   IP/N/1/SVK/T/7 
 Page 21 
  
  (2) The Office shall be bound by scope of an appeal in deciding on it; this shall not apply 
 
a) for matters in which proceedings can be started ex officio, 
 b) for matters of joint rights or obligations con cerning several parties to proceedings on one side. 
 (3) The substantive statement of the appeal shall be  filed with the Office within one month after filing 
the appeal. If the time limit for filing the substantiv e statement of the appeal expired, the Office shall 
terminate the proceedings on appeal. The Office shall terminate the proceedings if the appeal has not 
been filed in time or has been inadmissible.   (4) The appeal shall be inadmissi ble against the decision which  
 
a) granted the request for further proceedings or request for restitutio in integrum ; 
 b) terminated the proceedings pursuant to Sectio n 51(8) or which terminated the proceedings on 
appeal pursuant to paragraph (3).   
Section 41 
Register 
 
(1) The Office maintains the Register in the elec tronic form which contains decisive data of 
applications and trade marks. The Register shall be  public and it shall be open for public inspection by 
any person.  
 
(2) Data entered in the Register shall be cons idered valid unless the relevant authority decides 
otherwise.    (3) Changes in data entered into the Register ensuing from valid 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 validity clause.  
Section 42 
Official Journal 
 The Office shall issue the Official Journal in wh ich the Office shall publish facts relating to the 
applications and trade marks, as well as public notices and important decisions.   
SECTION IV 
COLLECTIVE TRADE MARK 
 
Section 43 
 
(1) Collective trade mark is a tr ade mark capable of distinguishing goods or services of the members 
or the association of natural or legal persons w ith legal identity (hereinafter referred to as 
"association") from goods or services of other persons.  
 (2) Unless otherwise provided, the provisions of th is Act apply accordingly to the application for the 
collective trade mark, the rights from the collectiv e trade mark, the revocation proceedings and the 
invalidation of the collective trade mark.   
(3) Provisions of Sections 28 to 32 shall apply to  the proceedings on the collective trade mark. 
 IP/N/1/SVK/T/7 
Page 22   
  (4) The conditions of using the coll ective trade mark including the sanc tions for their violation shall be 
laid down in a written agreement on using the coll ective trade mark concluded among all members of 
the association (hereinafter referred to as "the agreement on using").  
 
Section 44 
Special provisions on the collective trade mark application 
 
(1) An association as the applicant can file an app lication for registration of the sign as the collective 
trade mark.  (2) The application shall contain, except requireme nts pursuant to Section 24(2) and (3), following: 
 a) written agreement on using; 
 
b) list of the members of the association, including their identification data, who are entitled to use the 
collective trade mark.  (3) Upon request the Office shall enter into the Register any change in the list pursuant to 
paragraph (2)(b).  
 
Section 45 
Special provision on the rights from the collective trade mark 
 
(1) The members of the association entered in the list pursuant to Section 44(2)(b) shall have the 
exclusive right to use the collectiv e trade mark in relation to goods or services for which the collective 
trade mark has been registered.  (2) The collective trade mark shall not be assigned to another proprietor, shall not be licensed or given 
as lien. 
 
(3) The Office shall revoke the collective trade ma rk with exception of cases referred to in the 
Section 34, also when the members of the associati on seriously break the agreement on using or when 
the association ceased to exist.   
SECTION V 
INTERNATIONAL TRADE MARK 
AND COMMUNITY TRADE MARK 
 
Section 46 
Registration of the international trade mark 
  
Person who has permanent residency, seat or an enterp rise in the territory of the Slovak Republic or is 
a national of the Slovak Republic may file an app lication for international registration of the trade 
mark under international treaty
1 or request the Office for registra tion of changes in respect of the 
international registration.  
 
Section 47 
 
(1) The international registration of the trade ma rk in the international Register which enjoys 
protection in the Slovak Republic or with designa tion of the Slovak Republic shall have the same 
effects as the registration of the national trade mark in the Register. 
  IP/N/1/SVK/T/7 
 Page 23 
  
  (2)  International trade mark with designation of  the Slovak Republic shall be a subject to the 
examination whether it meets requirements referred to in  Sections 5 and 6 and shall be a subject to 
oppositions as the national application.  
 (3) The time limit for filing the oppositions against a re gistration of an internat ional trade mark in the 
Slovak republic starts on the first day of the month following the month in which the trade mark was published in the Gazette of World Intellectual Property Organization.  
 
(4) If the Office fails to publish the refusal of the protection for the international trade mark under the 
international treaty
1 or if such refusal has been withdrawn, the registration of the international trade 
mark with designation for the Slovak Republic shall ha ve same effects as the trade mark entered in the 
Register form the day under paragraph (1).   
(5) For the purposes of using the international trade ma rk the date of registration shall be the date of 
granting protection for the international trade mark with designation for the Slovak Republic. 
 (6) Refusing the protection of the international tr ade mark with designation for the Slovak Republic 
shall have the same effect as re fusing the national application.  
 
(7) The sign subject to the application filed under the international treaty
20, shall be registered without 
further requirements.   
Section 48 
Community trade mark 
 (1) The application for the Community trade mark ma y be filed with the Office, which indicates a date 
of filing to the application and forwards the applica tion to the Office for Harmonisation in the Internal 
Market
21, within two weeks.  
 
(2)  The Community trade mark registration shall ha ve within the territory of the Slovak Republic the 
same effects as registration of a trade mark entered into the Register by the Office. The rights from the 
Community trade mark shall be claimed at earliest from the day when the Slovak Republic acceded to 
the European Union22. 
 
(3) The Office shall supply the enforceable decision of the Office for Harmonisation in the Internal 
Market pursuant to a special regulation23 with the confirmation on enforceability24. 
 
Section 49 
                                                 
20 Article 9quinquies of the Protocol Relating to the Madrid Agreement Concerning the International 
Registration of Marks  
21 Article 2 of the Council Regulation (EC) No 207/2009 
22 Treaty between the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of 
Germany, the Hellenic Republic, the Kingdom 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 Britain and Northern 
Ireland (Member States of the European  Union) and the Czech Re public, 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 Re public, concerning the accession of 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 and the Slovak 
Republic to the European Union (Communication of the Ministry of Foreign Affairs of the Slovak Republic 
No. 185/2004 Coll.)
 
23 Article 86 of the Council Regulation (EC) No 207/2009 
24 § 275 (1) of The Rules of Civil Procedure IP/N/1/SVK/T/7 
Page 24   
  Conversion of the Community  trade mark application 
and Community trade mark to  the national application 
 (1) The Office shall examine whether the request fo r starting the proceedings on the conversion of the 
Community trade mark application or the Community  trade mark to the national application pursuant 
to the special regulation
25 contains:  
 
a) the translation of the request to the Slovak language; 
 b) delivery address in the territory of the Slovak Republic;  c) distinct reproduction of the sign.   
(2) If the request for starting the proceedings on the conversion of the Community trade mark 
application or the Community trade mark to the na tional application fails to meet the requirements 
referred to in paragraph (1), the Office shall invite the applicant to remedy the deficiencies within the 
time limit of at least two months. If the applicant to remedy the deficiencies within prescribed time 
limit, the Office shall terminate the proceedings . The applicant shall be notified about this 
consequence in the formal notice by the Office.  
 (3) The application resulting from the conversion of the Community trade mark application or the Community trade mark shall enjoy the date of filing a nd the date of priority of that application or  
trade mark and, where appropriate, the seniority
6. The rights of this national application and the trade 
mark registered subsequently shall be claimed at earliest from the date of accession of the Slovak 
Republic to the European Union22. 
 (4) The application pursuant to paragraph (3) shal l be subject to the proceedings as the national 
application.   
Section 50 
 
(1) The proprietor of the national trade mark th e application of which was filed in good faith and 
which has the right of priority dated before the acc ession to the European Union, shall have the right 
to prohibit the use of the Community trade mark in the territory of the Slovak Republic, the effects of 
which have been extended to the territory of th e Slovak Republic based on the accession of the Slovak 
Republic to the European Union, if   a) the Community trade mark is identical with the national trade mark and the goods and services 
covered by both trade marks are identical;  
b) there is a likelihood of confusion on the part of th e public because of the identity or similarity of the 
national trade mark and the Community trade mark a nd because of the identity or similarity of goods 
or services covered by the trade marks;  the li kelihood of confusion includes the likelihood of 
association with the Community trade mark;  
c) the Community trade mark is id entical with the national trade mark or it is similar to the national 
trade mark, where the goods or services covered those tr ade marks are not identical or similar, if the 
national trade mark has a good reputation in the Slovak Republic and if use of the Community trade mark would take unfair advantage of or be detr imental to the distinctive character or the good 
reputation of the national trade mark.  
                                                 
25 Article 113 of the Council Regulation (EC) No 207/2009  IP/N/1/SVK/T/7 
 Page 25 
  
  (2) The proprietor of the national trade mark men tioned in paragraph (1) may claim damages for the 
damage he suffered as a result of the use of the Co mmunity trade mark in the territory of the Slovak 
Republic within the scope as mentioned in the Section 8(4). 
 
SECTION IV 
COMMON, EMPOWERING, TRANSITIONAL  
AND REPEALING PROVISIONS  
 
Section 51 
Common provisions 
 
(1) Persons with the permanent residence, seat or th e enterprise in the state which is a party to the 
international treaty4 or the state which is a member of the World Trade Organisation5 or persons who 
are nationals of that state shall have the same rights as persons who are nationals of the Slovak 
Republic; or if the person is a national of the stat e which is not a party to the international treaty4 or a 
member of the World Trade Organisation5 the rights referred to in this Act may be granted only on the 
condition of reciprocity.   
(2) Persons who do not have the permanent residen ce or seat in the territory of the Slovak Republic 
have to be represented in proceedings before  the Office by the authorised representative
26.  
 (3)  The provision of paragraph (2) does not apply to natural persons who are nationals of the state 
party to the Agreement on the European Economic Area
13 and legal persons with headquarters or the 
seat of their enterprises in the state party to  the Agreement on the European Economic Area13. Such 
party to the proceedings has to notify the Office a bout the delivery address in the territory of the 
Slovak Republic.   (4) An authorised representative has to notify the O ffice about the delivery address in the territory of 
the Slovak Republic.  
 
(5) General provisions of the Act on Administrative Proceedings
27 shall apply to the proceedings 
before the Office pursuant to this Act, except the prov isions of the Sections 19, 28, 29, 32 to 34, 39, 
49, 50, Section 59(1) and 60.   
(6) If an application contains an enclosure with a copy of a document, authenticity of which is doubt 
by the Office, it may request the applicant to subm it the document original or its verified copy.  
 (7) If the party to the proceedings fails to comply with prescribed time limit, the Office may terminate 
the proceedings. The party to the proceedings shall be  notified about this consequence in the invitation 
of the Office.  
 
(8) The Office shall also terminate the proceedi ngs on the request of the person that submitted a 
proposal to start proceedings, if it is not the proceedings started ex officio. The request for termination 
of the proceedings shall not be withdrawn.   
(9) Unless provided otherwise by this Act, any s ubmission with the Office shall be made in written 
form in the official language
28. 
 
                                                 
26 e.g. Act No. 586/2003 Coll. on Advocacy, as amended, Act No. 344/2004 Coll. on Patent 
Representatives. 
27 Act No. 71/1967 Coll. On Administrative Proceedings (the Administrative Code)  
28 Act of the National Council of the Slovak Republic No 270/1995 Coll. on Official language of the 
Slovak Republic, as amended IP/N/1/SVK/T/7 
Page 26   
  (10) Submission with the Office may be made by tele fax or via electronic means. Telefax or electronic 
means submission without electronic signature or signature guaranteed sha ll be supplemented with 
submission in a written form within one month, othe rwise this submission shall be deemed never to 
have been filed.  (11) Submission shall be assessed in accordance with its contents. Submission must provide information who files the submission, what matter it concerns and what it proposes. Every submission 
must be subscribed by the filing person.  
 (12) Fees for the actions pursuant to this Act shall be paid pursuant to the special regulation
29. 
 
Section 52 
 
(1) Party to the proceedings before the Office sh all be obliged to submit or propose evidence to 
support his statements.  (2) The Office shall exercise eviden ce and evaluate evidence at its discretion, namely each evidence 
separately and all evidences in their mutual relations. 
 
(3) The Office shall decide on basis of the fact s ascertained from exercised evidences submitted or 
proposed by parties to proceedings.  
Section 53 
Empowering provisions 
 
By the generally binding regulation the Office shall set details  a) about requirements of the application;  
b) about requirements of the request for amendment of the sign; 
 c) about requirements of the observations against entry of the sign into the Register;   d) about requirement of the oppositions against entry of the sign into the Register; 
 
e) about data entered into the Register and published in the Official Journal;  
 f) about requirements of the certificate, a duplicate of  the certificate, an abstract from the Register and 
the document on the right of priority;   
g) about requirements of the request for amendment of the business name or the name and seat, or the 
name, surname and permanent address;   h) about requirements of request for entry of th e representative or for amendment of the representative 
into the Register; 
 
i) about requirements of the request for entry of the assignment or transfer of the trade mark the 
Register,  
                                                 
29 Act of the National Council of the Slovak Republic No 145/1995 Coll. on Administrative fees, as 
amended  IP/N/1/SVK/T/7 
 Page 27 
  
  j) about requirements of the request for entry of  the licence agreement into the Register and about 
requirements of the declaration on th e existence of the licence agreement;  
 
k) about requirements of the request for entry of the right of lien on the trade mark;   l) about requirements of the request for the renewal of the trade mark;  
 
m) about requirements of the request for revocation of the trade mark;  
 n) about requirements of the request for declaration of invalidity of the trade mark;  o) about requirements of the appeal;  
p) about document administration. 
 
Section 54 
Transitional provisions 
 
(1) Proceedings on trade marks applications, that have  not been concluded before this Act enters into 
force, shall be concluded in accordance with this Act,  therewith that the applic ant shall be obliged to 
harmonise his application with the requirements pur suant to this Act within prescribed time limit. 
 (2) Rights and relations from trade marks, entered into  the Register before this  Act enters into force, 
shall be governed by the provisions of this Act. Arising of these rights and relations as well as claims 
arising from them before this Act enters into for ce shall be assessed in accordance with provisions in 
force in time of their arising. Trade mark registered  pursuant to the current act shall not be declared 
invalid if it is in accordance with this Act.   (3) Where a request for cancellation of the trade mark  under current Act was filed prior to the date of 
entry into force of this Act, it sh all be deemed as the request for re vocation of the trade mark or the 
request for declaration of invalidity of the trade mark  under this Act. Provisions of this Act shall apply 
in respect of the assessment of the compliance of th e request for revocation of the trade mark or the 
request for declaration of invalidity of the trade mark with defined conditions, in respect of the 
proceedings on this request and its effects. 
 
(4) If oppositions filed pursuant to the Section 9 of th e current Act fail to meet conditions of this Act, 
the opponent shall be obliged to harmonise his op positions with the conditions pursuant to this Act 
within three months from the entry of this Act into  force, otherwise they shall not be taken into 
consideration. 
Section 55 
 
Legal acts of the European Communities and the Europ ean Union stated in Annex shall be adopted by 
this Act.  
Section 56 
Repealing provision 
 
The following shall be repealed: 
 1. Act No. 55/1997 Coll. on Trademarks in the wording of the Act No. 577/ 2001 Coll., Act No. 14/ 2004 Coll., Act No. 344/ 2004 Coll., Act No. 84/ 2007 Coll. and Act No. 495/ 2008 Coll.; IP/N/1/SVK/T/7 
Page 28   
  2. Decree of the Industrial Property Office of the Slovak Republic No. 117/ 1997 Coll. implementing 
the Act No. 55/ 1997 Coll. on Trademarks in the wording of the Act No. 709/ 2002 Coll.  
 
 
Section 57 
Entry into force 
 This Act shall enter into the force on January 1, 2010. 
 
 
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