WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/SVK/T/6 
20 November 2008 
 (08-5659) 
Council for Trade-Related Aspects of 
Intellectual Property Rights Original:   English/ 
 anglais/  inglés 
 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
 
SLOVAK REPUBLIC 
  The present document reproduces the consolidated text
1 of Act No. 55/1997 Coll. on 
Trademarks amended by Act No. 577/2001 Coll., Act No. 14/2004 Coll., Act No. 344/2004 Coll. and 
Act No. 84/2007 Coll., as notified by the Slovak Re public under Article 63.2 of the Agreement (see 
document IP/N/1/SVK/3). 
 
 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 
 
RÉPUBLIQUE SLOVAQUE 
  Le présent document contient le texte consolidé
1 de la Loi n° 55/1997 Coll. sur les marques, 
modifiée par la Loi n° 577/2001 Coll., par la Loi n°  14/2004 Coll., par la Loi n° 344/2004 Coll. et par 
la Loi n° 84/2007 Coll., notifiée par la République sl ovaque au titre de l'article 63:2 de l'Accord (voir 
le document IP/N/1/SVK/3).  
 
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 refundido de la Ley Nº 55/1997 
(recopilación) de marcas de fábrica o de comercio , modificada por la Ley Nº 577/2001 (recopilación), 
la Ley Nº 14/2004 (recopilación), la Ley Nº 344/2004 (recopilación) y la Ley Nº 84/2007 
(recopilación), que la República Eslovaca ha notific ado en virtud del párrafo 2 del artículo 63 del 
Acuerdo (véase el documento IP/N/1/SVK/3). 
 
                                                      
 1 In English only./En anglais seulement./En inglés solamente. IP/N/1/SVK/T/6 
Page 2  
 
 
Act No 55/1997 Coll. on Trademarks  
 
Amended by: Act No 577/2001 Coll.  
Act No 14/2004 Coll. Act No 344/2004 Coll. Act No 84/2007 Coll. 
 
National Council of the Slovak Republic has adopted the following Act: 
 
PART I 
GENERAL PROVISIONS 
 
Trademark 
Article 1 
(1) Trademark shall be any sign capable of being re presented graphically and consisting particularly 
of words, including personal names, letters, nu merals, drawings, shape of goods or of their 
packaging or their mutual combinations capable of distinguishing goods or services of one person 
from goods and services of other person, entered in  the Register of Trad emarks (hereinafter 
referred to as "the Register"). 
(2) Collective trademark shall be a sign referred to in paragraph (1), if it is capable of distinguishing 
products or services, originated by members of a legal entity established to protect their interests 
or for other purpose (hereinafter referred to as "associationi") from goods or services of other 
persons, entered in the Register. 
 
Article 2 
(1) Sign which: 
a) fails meet  requirements pursuant to Article 1; 
b) has no distinctive capability; 
c) creates exclusively symbols or data serving in a trade to determine kind, quality, quantity, 
purpose, value, geographical place of origin or  other characteristics of goods or services, 
eventually time of production of goods or performing  services; 
d) consists exclusively of symbols or signs custom ary in a currently used language or used in 
commercial usage; 
e) creates exclusively shape of product or its pack aging which results from nature of product or 
is necessary to achieve a technical result  or gives to product substantial value, 
f) may deceive public particularly of a nature, qua lity or geographical place of origin of goods 
or services, 
g) is contrary to public order or good manners,  IP/N/1/SVK/T/6 
 Page 3 
 
 
h) usage would be contrary to obligations of th e Slovak Republic under international treaties, 
i) contains figure of high symbolic value, particularly religious symbol, 
j) contains geographical indication and is being applied for wine s or spirits not having that 
origin, 
k) which is subject of an application which has not been filed in a good faith 
shall not be considered a trademark.  
(2) Signs referred to in paragraph (1)(b) to (d) may be accepted and entered into the Register if a 
natural person or a legal entity requesting regist ration (hereinafter referred to as "applicant") 
proves that by using of such sign within the terr itory of the Slovak Republic or in relation to the 
Slovak Republic, before an application for entry of  sign or trademark into the Register is filed 
(hereinafter referred to as “application”), such sign has acquired distinctive capability for goods or 
services, for which registration is requested.  
Article 3 
(1) The following shall not be recognised as a trademark: 
a) sign identical with a trademark with earlier pr iority right which has been registered for 
another owner for identical goods or services, 
b) sign identical with a sign applied by another applicant with earlier priority right provided that 
such sign is registered for identical goods or services, 
c) sign identical with a trademark registered for identical or similar goods or services that has 
expired pursuant to Article 15 (1) (a) if an application was filed within two years from 
expiration of a trademark; this shall not apply if registration of such sign was required by a 
person who at time of expiration of a trademark was registered as an owner of a trademark or 
his legal successor. 
(2) Paragraph (1) shall not apply if a trademark owner or applicant for an identical sign with earlier 
priority right gives his written consent to registration of a later registered sign as a trademark.  
 
Article 3a 
Identity and interchangeability of signs or trad emarks and similarity of goods or services 
 
(1) Signs or trademarks, which are identical or di ffer only in immaterial elements not changing 
overall character of a sign or trademark, shall be considered identical. 
(2) Signs or trademarks shall be c onsidered interchangeable  and goods or services shall be considered 
similar if such interchangeability or similarity causes a likelihood of confusion with signs or trademarks or goods or services originated from different persons, or likelihood of association 
with a sign or trademark with earlier priority right on the part of the public.   
 
Article 4 
(1) A sign shall not be recognised as a trademark if the Industrial Property Office of the Slovak 
Republic (hereinafter referred to as "the Office") on the basis of oppos itions filed pursuant to Article 9 
ascertains that it is : 
a)  identical with a trademark with earlier priority right if this trademark has been registered for 
similar goods or services or for interchangeable w ith a trademark, if this trademark has been 
registered for identical or similar goods and services, IP/N/1/SVK/T/6 
Page 4  
 
b)  identical with an applied sign with earlier pr iority right provided that such sign is being 
entered into the Register as a trademark for similar goods or services or for interchangeable 
with an applied sign with earlier priority right provided that such sign is being entered into 
the Register for identical or similar goods or services, 
c) identical or interchangeable with a trademark w ith earlier priority right which has a reputation 
in the Slovak Republic if using of such sign fo r goods and services, which are not similar to 
those for which a trademark with earlier priority  right has been registered, would take unfair 
advantage of, or be detrimental to, the distinc tive character or the repute of the earlier trade 
mark, 
d) identical or interchangeable with a sign regist ered as a trademark for identical or similar 
goods or services in a country or in relation to a country which is a contracting party to an 
international convention
1a) or is a member of the World Trade Organization1b) (hereinafter 
referred to as "foreign trademark”) provided that  an applicant of this sign is a representative 
of a foreign trademark owner within the territo ry of the Slovak Republic or his representative 
on the basis of other legal relationship1c) (hereinafter referred to as "representative”) and filed 
a trademark application in his own name wit hout a foreign trademark owner's consent,  
e) identical or interchangeable with an unregister ed sign which by using in the course of trade 
has acquired distinctive capability for identical or similar goods or services of user before 
filing date of an application, if such sign has got not only local significance,  
f) identical or interchangeable with a trade name  or with its essential part, entered into the 
Business Register or a similar register for an entrepreneur who carried his business with 
identical or similar goods or services prior to a filing date of an application, 
g) identical or interchangeable with name and su rname or with pseudonym or with image of a 
person if entry of this sign into the Regist er would infringe the rights for protection of 
personality, 
h) identical or interchangeable with subject ma tter of other industrial property with earlier 
priority right, 
i) identical or interchangeable with an author's work  created prior to filing date of an application 
if using of such sign would infringe author's rights. 
(2) A sign shall not be recognised as a trademark if  the Office on the basis of oppositions filed 
pursuant to Article 9, ascertains that it is : 
a) identical or interchangeable with a sign which,  before filing date of an application, had 
become well-known by its using within the territo ry of the  Slovak Republic or in relation to 
the territory of the Slovak Republic a ccording to an international treatyii,  for goods or 
services of its owner (hereinafter referred to as "unregistered well-known mark"), if this sign 
is applied for identical or similar goods or services, 
b) identical or interchangeable with an unregiste red well-known mark, if using of such sign for 
any goods or services would indicate connecti on between thus-marked goods or services and 
an owner of unregistered well- known mark, and interests of unregistered well-known mark 
owner would be infringed by such use. 
(3) A sign shall not be recognised as a trademar k if the Office on the basis of oppositions filed 
pursuant to Article 9 ascertains that it is id entical or interchangeable with a Community 
trademark2a) with earlier priority right, which has a reput ation within the territory of the European 
Communities, if using of such sign for goods or services, which, however, are not similar to those 
for which a Community trademark with a reputation has been registered, would take unfair 
advantage of, or be detrimental to, the distin ctive character or the repute of a Community 
trademark . 
  IP/N/1/SVK/T/6 
 Page 5 
 
 
PART II 
PROCEEDINGS ON MATTERS CONCERNING A TRADEMARK 
 
Article 5 
Trademark application  
(1)  Trademark application shall be filed by an applicant with the Office. 
(2) An application shall contain: 
a) request for entry of a sign as a trademark  into the Register, name, surname and permanent 
residence if an applicant is a natural person, an d name or trade name and place of business if 
an applicant is a legal entity, 
b) wording or image of an applied sign; in case of three-dimensional sign its surface image, 
c) list of goods or services in respect of which a sign shall be entered as a trademark into the 
Register. 
(3) Goods or services included in the list pursuant to  paragraph (2)(c) shall be classified in 
accordance with an international treaty.iii 
(4) Application can be filed for one sign only. 
 
Article 6 
Priority right 
(1) For purposes of starting proceedings and purposes of priority right starting filing date of an 
application shall be date of delivery or date when irregularities of filing were corrected, which 
contains at least: 
a) data indicating an apparent intention of an applicant to file an application,  
b) data allowing identification of an appli cant and contact with an applicant; and 
c) requirements in accordance with Article 5 (2)(b ) and (c) except classification referred to in 
Article 5 (3).  
(2) An applicant shall apply priority right agains t any person who files an application containing 
identical or interchangeable sign for identical or similar goods or services after 
a) filing date of an application according to paragraph (1) or 
b) date of priority right pursuant  to an international convention 1a) following from an earlier 
trademark application. 
(3) An applicant shall apply priority right pursuant to paragraph (2)(b) in an application and within 
the period of three months from the day of its fili ng he shall prove this right otherwise it shall not 
be taken into consideration. 
(4) Priority right according to paragraph (2)(b) may applied from one applica tion only provided that 
this application has been filed in  a state which is contracting part y to an international convention1a) 
or which is a member of the World Trade Organization1b) ; otherwise this right may be applied 
only under the condition of reciprocity. 
(5) Priority right pursuant to paragraph (2)(b ) shall be applied also to services.  
 IP/N/1/SVK/T/6 
Page 6  
 
Article 7 
Amendment and division of application, assignment and transfer of application 
(1) On request of an applicant the Office shall allo w amendment of an applied sign related to his 
name, surname or title, eventually trade name or seat, permanent residence or place of business, if 
their change occurred after the application was fi led and if this amendmen t updated data contained 
in an applied sign without any ch anges in overall character of a sign. Other amendments of an 
applied sign shall not be admissible after filing an application. If a sign that is subject of 
application is amended after publi cation of an application, the a pplication shall be re-published 
with amended sign.    
(2) After filing an application an applicant shall be entitled to reduce list of goods or services for 
which a sign is to be registered; such reduction sh all not be withdrawn. No extension of list of 
goods or services, for which a sign is to be re gistered, shall be admissible after filing an 
application.  
(3) An applicant shall be entitled up to entry of a sign  into the Register to divide an application 
containing in the list more than one kind of goods  or services into separate applications. Priority 
right and filing date from the application as filed shall be remain unchanged also for divisional 
applications, if they are related to goods a nd services from the application as filed.     
(4) An applicant shall be entitled to assign his right from an application for goods or services, which 
it is related to, or for their part, to another na tural person by written agreement, if these goods or 
services are subject of his business activity on th e date of the agreement conclusion.   
(5) Rights from an application shall be transferred to  another person in cases stipulated by special 
regulation
iv. 
 
Article 8 
Examination and publication of application 
(1) The Office shall examine whether an application meets conditions pursuant to this Act and to 
generally binding regulation fo r implementation of this Act.4a) 
(2) If an application fails to meet conditions pursuan t to Article 5(2) to (4), as well as conditions 
specified by generally binding regulation, the O ffice shall invite an applicant to correct 
irregularities within a specified time limit. If an applicant fails to correct irregularities within a 
specified time limit, the Office shall suspend proceed ings on an application. An applicant shall be 
notified of this consequence in an invitation to correct irregularities.  
(3) If an applied sign fails to meet conditions pursuant to Articles 1 to 3, the Office shall refuse an 
application. Before an application is refused, th e Office shall enable an applicant to respond to 
ascertained reasons for refusal of an application.  
(4) If reasons for refusing an application pursuant to paragraph (3) relate to only a part of goods or 
services, the Office shall refuse the application only for this part of goods or services.  
(5) If proceedings on an application were not suspended pursuant to paragraph (2) or if an application 
was not refused pursuant to paragraph (3), the Offi ce shall publish the application in the Official 
Journal of the Industrial Property Office of th e Slovak Republic (hereinafter referred to as 
"Official Journal"). 
  IP/N/1/SVK/T/6 
 Page 7 
 
 
Article 8a 
 
Observations 
 
(1) Any person shall be entitled to  submit written observations to m eeting conditions of Articles 2 and 
3 up to entry of a trademark into the Register; the Office shall take into account observations in 
deciding on entry of a trademark into the Regist er. Person who submitted observation shall not be 
a party to proceedings on a trademark application.  
 (2) The Office shall inform an applicant about obser vations and shall invite him to respond within the 
specified time limit. The Office shall inform an  applicant and a person who submitted observations 
about results of observations assessment. 
 
Oppositions against entry into the Register 
Article 9 
After publication of an application in the Official Journal, a person concerned for reasons stated in 
Article 4 (hereinafter referred to as “Opponent”) sha ll be entitled to file oppositions against entry of a 
sign into the Register containing legal statement of reasons as well as documentary evidence or 
indication of documentary or other evidence submi tted by an opponent within the period of three 
months from this publication at the Office.  
Article 10 
(1) The Office shall examine whether oppositions have been filed duly and in due time pursuant to 
Article 9 and whether condition of obligatory repr esentation pursuant to Article 34 (3) has been 
met. 
(2) If oppositions have not been filed duly and in due time pursuant to Article 9 or if an opponent 
shall not submit indicated evidence upon invitation of  the Office within a specified time limit or 
shall not prove that the conditio n of obligatory representation pursu ant to Article 34 (3) upon the 
invitation of the Office has not been met within a specified time limit, the Office shall suspend 
proceedings on opposition. 
(3) The Office shall inform an applicant about oppositions submitted pursuant to Article 9, 
proceedings on which have not been suspended pursu ant to paragraph (2), and shall invite him to 
respond within a specified time limit.  
(4) If an applicant fails to respond to oppositions w ithin a specified time limit pursuant to paragraph 
(3) or he fails to meet condition of obligatory representation pursuant to Article 34(3) upon an 
invitation of the Office within a specified time limit, the Office shall suspend proceedings on an 
application within the extent of  filed oppositions. An applicant shall be notified by the Office of 
this consequence in the invitation to file response.   
(5) Written copy of a decision pursuant to paragraph (2) shall be delivered by the Office to an 
opponent and written copy of a decision pursuant to paragraph (4) shall be delivered by the Office 
to an applicant and to an opponent.  
(6) The Office shall suspend proceedings on oppos itions, if a reason, for which an opposition was 
filed, has lapsed. Decision on suspension of pr oceedings on oppositions shall be delivered by the 
Office to an applicant and to an opponent.  
 
Article 11 
(1) On basis of oppositions, to which an applicant has responded, the Office shall examine whether 
an applied sign meets conditions set up for entry in to the Register with regard to Article 4.  IP/N/1/SVK/T/6 
Page 8  
 
(2)  If the Office finds out pursuant to paragraph (1) on basis of evidence exercised on request of a 
party that: 
a) an applied sign fails to meet conditions for entr y of a trademark into the Register pursuant to 
Article 4, the Office shall  refuse an application, or 
b) no reasons pursuant to Article 4 exist, or an opponent is not an aggr ieved person pursuant to 
Article 9, oppositions shall be refused.   
(3) If reasons for refusal of an application pursuant to paragraph (2)(a) concern only some part of 
goods or services, the Office shall refuse an app lication in respect of those goods or services. 
(4) The Office shall deliver decision pursuant to para graph (2) to an applicant and to an opponent. 
 
Article 12 
Registration of a trademark 
(1) If conditions of this Act for entry of a sing as a  trademark into the Register are met, the Office 
shall enter the trademark into the Register. 
(2) By entry of a sign into the Register an appli cant acquires rights to a trademark and becomes a 
trademark owner; the Office shall issue a certificate on entry to an owner. 
(3) The Office shall publish registration of a trademark in the Official Journal. 
(4) Legal entity or natural person entere d as an owner into the Register shall be considered to be an 
owner of a trademark. 
 
Article 13 
Term of protection 
(1) Term of protection of a registered trademark sha ll be ten years from filing date of an application 
with the Office (Article 6 (1)). 
(2) On request of a trademark owner for renewal of regi stration filed at earliest during the last year of 
a term of protection but not later than six mont hs from its expiry (hereinafter referred to as 
"request for registration renewal") term of a tr ademark protection shall be renewed always for 
another ten years. 
Article 14  
Amendment of a trademark and of list of goods and services 
(1) On request of a trademark owner the Office sha ll permit amendment of a trademark concerning 
his name, surname or name or trade name or seat, permanent residence, place of business if this 
change occurred after entry of a trademark into the Register and if this  amendment updates data 
contained in this trademark without ch anging overall character of a trademark. 
(2) On request of a trademark owner the Office shall reduce list of goods or services for which a 
trademark is registered; such reduction shall not be withdrawn. Extension of list of goods or 
services for which a trademark is registered shall not be admissible.   
 
Article 15  
Lapse of a trademark  
 
(1) A trademark shall lapse:  IP/N/1/SVK/T/6 
 Page 9 
 
 
a) by expiry of term of protection, if request for renewal of registration has not been filed in due 
time, 
b) on day of delivery of declaration of a trademark owner to the Office about waiving right to a 
trademark; this declaration sha ll have no legal effects if right s of third parties impede this, 
c) from day of effectiveness of a trademark cance llation from the Register pursuant to Article 
16(3) to (13), Article 17 and Article 23. 
(2) A trademark to which rights of third parties ha ve been bound, shall lapse pursuant to paragraph 
(1)(b) from the day when a trademark owner proves expiration of these rights eventually furnishes 
consent of entitled persons with lapse of a trademark. 
(3) Lapse of a trademark shall be entered into the Register. 
 
Cancellation of a trademark 
Article 16 
(1) The Office shall cancel a trademark from the Register , if it in proceedings started on request of a 
third party or ex-officio ascertains that a tradem ark has been entered contrary to conditions for 
registration of a trademarks laid down by this Act. 
(2) Cancellation pursuant to paragraph (1) shall not proceed if a trademark has been registered 
contrary to Article 2(1)(b) to (d) but an owner proves that by using within the territory of the 
Slovak Republic or in relation to the territory of  the Slovak Republic, which had started before 
proceedings on cancellation started, such tradem ark has acquired distinctive capability for goods 
or services of its owner, for which it has been registered.    
(3) The Office shall cancel a trademark from the Register, if in proceedings started on request of a 
third party or ex officio it ascertains that a trad emark may in consequence of a way of use by a 
trademark owner or by third party with consent of a trademark owner deceive public, particularly 
as to character, quality or geographical origin of goods or services for which it has been 
registered.  
(4) The Office shall cancel a trademark from the Register  if in the proceedings started on request of a 
third party it ascertains that a trademark was not being used in the Slovak Republic for at least 
five consecutive years preceding the start of proceedings on cancellation, and if a trademark 
owner shall not substantiate usi ng of a trademark.  Trademark sh all be deemed not to be used 
during five consecutive years within the territory  of the Slovak Republic unless proved otherwise. 
Trademark shall not be cancelled if an owner starte d to use a trademark in good faith after expiry 
of five consecutive years, whereas starting to u se a trademark within the time limit of three 
months preceding filing of request for cancellati on shall not be deemed starting to use in good 
faith, unless proved otherwise. 
(5) The Office shall cancel identical trademark from the Register, if in proceedings started on request 
of a trademark owner with earlier priority right it  ascertains that the contested trademark has been 
registered for similar goods or services, or, intercha ngeable trademark, if in proceedings started on 
request of a trademark owner with earlier priority  right it ascertains that the contested trademark 
has been registered for identical or similar goods or services. 
(6) The Office shall cancel a trademark from the Register, if in proceedings started on request of a 
trademark owner with earlier priority right,  which has acquired a reputation in the Slovak 
Republic, it ascertains that using of the contested  trademark for goods or services, which are not 
similar to those for which an earlier trademark h as been registered, would take advantage in bad 
faith from distinctive capability or from reputation of  a trademark with earlier priority right or it 
would be detrimental to them. IP/N/1/SVK/T/6 
Page 10  
 
(7) The Office shall cancel a trademark from the Register, if in proceedings started on request of an 
owner of unregistered or registered well-known ma rk it ascertains that the contested trademark is  
a) identical or interchangeable with unregis tered well-known mark wh ich became well-known 
for identical or similar goods or services before filing date of an application of contested 
trademark (Article 4(2)(a)), or 
b) identical or interchangeable with an unr egistered well-known mark which became well-
known before filing date of an application of c ontested trademark (Article 4 (2)(b)) if using of 
such trademark for any goods or services w ould indicate connection between thus-marked 
goods or services and an owner of unregistered well-known mark, and interests of an owner 
of unregistered well-known trademark could be affected by such use. 
(8) The Office shall, on proposal of a user of unregis tered sign, cancel from the Register a trademark 
identical or interchangeable with unregistered sign, which acquired distinctive character for 
identical or similar goods or services by using in a trade intercourse before filing date of an application of a contested trademark, unless su ch sign has not only local significance.    
(9) The Office shall cancel a trademark from the Register, if in proceedings started on request of a 
third party it ascertains that the trademark, as a result of activity or inactivity of its owner, lost its 
distinctive character because it became, in the course of trade, a sign common for goods or 
services for which it has been registered. 
(10) The Office shall cancel identical or intercha ngeable trademark from the Register, if in 
proceedings started on request of an entreprene ur it ascertains that the trademark is identical 
interchangeable with a trade name or its essential pa rt, entered into the Business Register or into a 
similar register for such entrepreneur if, prior to filing date of an application of contested 
trademark, he carried business with identical or similar goods or services. 
(11) The Office shall cancel identical or intercha ngeable trademark from the Register, if in 
proceedings started on request of a third party it ascertains that the trademark is identical or 
interchangeable with a name and surname or with pseudonym or with image of a person, if by 
using this sign rights to protecti on of personality could be infringed. 
(12) The Office shall cancel identical or intercha ngeable trademark from the Register, if in 
proceedings started on request of an owner of ri ght to a subject matter of another industrial 
property it ascertains that the contested trademark is identical or interchangeable with a subject 
matter of another industrial property right with earlier priority right. 
(13) The Office shall cancel identical or intercha ngeable trademark from the Register, if in 
proceedings started on request of a third party it ascertains that the trademark is identical or 
interchangeable with an author's work created prio r to filing date of an application of contested 
trademark, if by using this sign rights to author's work could be infringed. 
(14) If a reason for cancellation of a trademark from the Register refers to only a part of goods or 
services for which a trademark is being registered, the Office shall cancel a trademark only for 
those goods or services. 
(15) If a proponent proves a legal interest it is possible to file a request for cancellation of a 
trademark from the Register pursuant to paragraph (1) and decision on this request could be made 
also after lapse of a trademark pursuant to Article 15 (1)(a) to (c). 
(16) The Office shall not cancel a trademark pursuant to paragraphs (5) to (8)  if an owner of right: 
a) sustained  using of a contested trademark with in the territory of the Slovak Republic during 
five consecutive years since he got to know about such using; it shall not apply if an owner of 
right proves that an application of contest ed trademark was filed in bad faith, or  IP/N/1/SVK/T/6 
 Page 11 
 
 
b) has not used a trademark registered or unreg istered, well-known mark  or unregistered sign 
within the territory of the Slovak Republic for five consecutive years and if he has not given 
proper reasons for not using it.  
(17) The Office shall cancel a trademark from the Register, if in proceedings started on request of a 
Community trademark2a) owner it ascertains that the contested trademark is identical or 
interchangeable with a Community trademark with earlier priority right, which has a reputation in 
European Communities, and using of such tradem ark for goods and services, which are not similar 
to those, for which a Community trademark with reputation is being registered, would take unfair 
advantage of, or be detrimental to, the distin ctive character or the repute of a Community.  
 
Article 17 
(1) The Office shall cancel a trademark from the Register on a basis of a court decision pursuant to 
which a trademark 
a) containing name and surname or image of a na tural person, or his pseudonym, infringes rights 
to protection of personality, 
b) containing name or trade name of a natural person or a legal entity, entered in the  Register of 
Companies or in a similar register prior to filing an application, interferes with its reputation, 
c) infringes earlier  copyright. 
(2) The Office shall cancel a trademark from the Register on a basis of a court decision pursuant to 
which using of such trademark is pr ohibited as an act of unfair competition1d). 
(3) Cancellation shall be performed on request of en titled person within six months from date of 
validity of the court decision. 
 
Article 18 
When a trademark is being cancelled pursuant to Arti cle 16(1) it shall be deemed never entered into 
the Register; otherwise cancellation shall be e ffective from date of beginning proceedings on 
cancellation.  
 
Article 18a 
Special provision on cancellation effects 
 
(1) Effects of a trademark cancellation shall not concern: 
 
a) to decisions on infringement of trademark right s which had become effective and had been 
implemented  prior to entry of a decision on cancellation of a trademark into effect,  
 b) to contracts concluded before entry of a decision on cancellation of a trademark into effect, within 
the extent of performance provided a basis of them  before entry into effect of such decision; 
however, repayment to an extent provided on basis of the contract may be claimed. 
 
(2) Liability for damage or unjustified enrichment of a trademark owner shall be without prejudice to  
paragraph (1). 
 IP/N/1/SVK/T/6 
Page 12  
 
Article 19 
Together with request to start proceedings on can cellation of a trademark from the Register pursuant 
to Article 16 the proponent shall be obliged to ma ke a deposit of 2 500 SKK. The Office shall refund 
deposit if proceedings prove that proposal on start proceedings on cancellation has been filed 
reasonably.  
 
Special provisions on collective Trademark 
Article 20 
(1) An association can file an application for registration of a sign as a collective trademark as an 
applicant. 
(2) An application shall contain, except requirements pursuant to Article 5(2) and (3), following:  
a) written contract between all members of an association , in which conditions for using a 
collective trademark shall be laid down, including sanctions for their infringement, 
b) list of members of an association  who are en titled to use a collective trademark and addresses 
of their seats. 
(3) Provisions of Articles 5 to 19 shall apply mutatis mutandis for proceedings on a collective 
trademark.  
 
Article 21 
(1) Members of an association entered into the Register shall have exclusive right to mark with a 
collective trademark their goods or services for which it is entered into the Register or to use it in 
connection with these goods or services. 
(2) The Office shall, on request of a collective tr ademark owner furnished with a contract on 
amendment of prior contract, enter into the Register  change of list of members of an association.   
(3) The Office shall, on request of members of an assoc iation, issue an abstract of record to every 
member of an association entered into the Register.  
(4) The Office shall enable any person to inspect a contract on request.  
 
Article 22 
A collective trademark shall not be assigned to anot her owner and shall not be licensed or given as 
lien. 
 
Article 23 
The Office shall cancel a collective trademark from th e Register with exception of cases referred to in 
Articles 16 and 17 thereof, also when members of an association seriously breach a contract on using 
a collective trademark. 
  IP/N/1/SVK/T/6 
 Page 13 
 
 
PART III 
RIGHTS AND OBLIGATIONS FROM TRADEMARKS 
 
Rights of trademark owners 
Article 24 
(1) A trademark owner shall have exclusive right to mark his goods or services with a trademark for 
which it has been entered into the Register or to  use it in connection with these goods or services. 
(2) A trademark owner shall be entitled to use "®" mark together with a trademark. 
 
Article 25 
(1) No person shall be, without a trademark owner consent, entitled to use a sign identical or 
interchangeable with its trademark for identical or similar goods  or services for which a trademark 
has been entered into the Register, neither a sign identical or interchangeab le with its trademark 
for goods or services which are not similar to those,  for which a trademark has been registered but 
it is a trademark with a reputation in the Sl ovak Republic and its using would take unfair 
advantage of, or be detrimental to, the distinctive character or the repute of a trademark. Such sign shall not be used in relation with these goods or ser vices, particularly to place it on goods or their 
packaging, to offer or to place on market such goo ds or their packaging such marked, or to store 
them for such reason, to import or export goods or packaging with this sign or to use this sign in 
the course of trade, correspondence or in advertisement.   
(2) A trademark owner shall be entitled to require from a publisher of a publication, in which his 
trademark is being reproduced, to publish informati on, that it is a trademark, including registration 
number of a trademark in the Register.   
Article 25a 
(1) A trademark owner may request in infringement or jeopardising of rights protected by this 
Act that a person infringing or jeopardising hi s rights provided him information related to 
origin of goods or to circumstanc es of placing goods or services on market.  
(2) Information pursuant to paragraph (2) shall contain particularly: 
a) name and surname or business name or name and place of permanent residence or place of 
business, or place of business of a producer, processer, storekeeper, distributor, provider, dealer and other previous holders of a product,  
b) indications on produced, processed, provided or  ordered quantity and pr ice of relevant goods 
or services.  
(3) To provide information pursuant to paragraphs  (1) and (2) is obliged also the person who 
a) has in possession products infringing rights pursuant to this Act,  
b) exploits services infringing rights pursuant to this Act,  
c) provides services exploited in activities related to infringement of rights pursuant to this Act, 
or  
d) was indicated by a person mentioned in sub-paragr aphs a) to c) as a person participating in a 
production, processing or distribution of produc ts or providing services infringing rights 
pursuant to this Act.  
 IP/N/1/SVK/T/6 
Page 14  
 
Article 26 
(1) A trademark owner may request from any person to refrain from using his trademark or sign 
interchangeable with his trademark for identical or  similar goods or services and to withdraw thus 
marked items from market. 
(2) An owner of a well-known trademark entered into the Register may claim his rights under 
paragraph (1) regardless of identity or similarity of goods or services, if using of such trademark 
on other goods or services would indicate a connection between thus marked goods or services, 
and an owner of a registered well-known trademark and interests of an owner could be harmed by 
such using. 
(3) A trademark owner which has a reputation in the Slovak Republic, may claim rights pursuant to 
paragraph (1) regardless of identity or similarity of goods or services, if using of such trademark 
on other goods or services would ta ke unfair advantage of, or be detrimental to, the distinctive 
character or the repute of such trademark.   
(4) If damage has been caused by infringement of right s from a trademark, aggrieved party shall have 
right to compensation including profit lost. If a non-pecuniary injury has been caused by 
infringement or jeopardising of rights from a trad emark, aggrieved party shall have right to 
adequate satisfaction, which can be in form of pecuniary compensation. 4aa) 
(5) Disputes on rights from trademarks shall be heard and ruled by courts. 
 
Article 26a 
(1) On proposal court shall order that products, mate rials or instruments, by means of which rights 
protected by this Act are infringed or jeopardised, were 
a) Recall from the channels of commerce, 
b) definitely removed from the channels of commerce, 
c) secured in other way by preventing further in fringement or jeopardising of right; simple 
removal of a sign used unlawfully on a counterfe ited product shall not be deemed to be a 
measure preventing from further infringement of right, 
d) destroyed in an appropriate way.    
 (2) Provisions pursuant to paragraph (1) shall be  executed at expense of a person infringing or 
jeopardising rights protected by this Act, unless special circumstances give reason for other 
process.  
(3) Request pursuant to paragraph (1)(d) in the part re lated to process of destruction of objects shall 
not be binding for the court.  
(4) The court shall not confer right to provide info rmation pursuant to Article 25a, if seriousness of 
jeopardising or infringement of right was inade quate to seriousness of consequences resulting 
from the fulfilment of obligation imposed in such way.  
 Article 26b 
 
(1) In protection of rights pursuant to this Act the court may impose by a provisional measure
4b) same 
obligations as in a decision on the merits of th e case if any delay could cause to entitled person a 
hardly reclaimable pecuniary or non-pecuniary injury. 
 (2) Within a decision on precaution the court may, also without request, impose a duty to a plaintiff 
to pay a deposit of an adequate amount or to imp licate that decision comes into force by execution  IP/N/1/SVK/T/6 
 Page 15 
 
 
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 
adverse party as well as assets of a plaintiff therew ith 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 decide on giving wa rranty deposit over to the adverse party as a 
compensation of pecuniary or non-pecuniary injury  in finance caused directly by execution of 
preliminary measures issued without adequate reason. 
 (4) If within the period of six months from detection of injury occurrence pursuant to paragraph (3), 
compensation or satisfaction is not applied at c ourt or an agreement on us ing the warranty deposit 
between parties is not concluded, the court shall refund the warranty deposit. 
 
Article 27 
Limitations of Trademark Rights 
 
(1) A trademark owner shall have no right to prev ent third parties to use a trademark on goods which 
have been placed on market with such trademark in the Slovak Republic by the owner himself or 
with his consent. 
 (2) A trademark owner shall have no right to prev ent third parties to use a trademark on goods which 
have been placed on market in a member state of the European Union or in other state of the 
European Economic Area with such trademark by  the owner himself or with his consent. 
 (3) Provisions of paragraphs (1) and (2) shall not  apply if after placing goods on market an essential 
change or deterioration of its state or qualities occurred without an owner’s fault. 
Article 28  
Obligations from trademarks 
(1) A trademark owner shall be obliged to use a tr ademark, particularly on goods and on their 
packaging or on business documents, in promotion, advertising and publicity materials only in the 
form in which it is entered into the Register or in the form differing only in elements that do not 
change its distinctive character. Using a trademark by third party on basis of an agreement shall be 
considered as using a trademark by its owner. 
(2) A trademark owner shall be obliged to tolerate 
a) if third parties use, in the course of trade , their name, surname, address or indications 
concerning kind, quality, quantity, purpose, va lue, geographical origin, date of production of 
goods or providing of services, or other characteristics of goods or services despite the fact 
that these indications are identical with or in terchangeable with an owner’s trademark or 
create a part of it; provided that these indications are being used in accordance with commercial uses and good manners in economic competition, 
b) if third parties use, in trade intercourse, a si gn identical or interchangeable with an owner’s 
trademark if it is necessary for designation of  purpose of goods, particularly their accessories 
or spare parts, or kind of services, provided that it is being used in accordance  with 
commercial practice and good manne rs in economic competition, 
c) if a user of an unregistered sign with local significance uses in the course of trade intercourse 
identical or interchangeable unregistered sign in  the same extent whilst such using started 
before filing date of a trademark application. IP/N/1/SVK/T/6 
Page 16  
 
Article 29 
Assignment and transfer of trademark 
(1) A trademark owner shall be entitled to assign his trademark by a written contract to a natural 
person or to a legal entity for all goods or services for which it has been registered or for part of 
them. 
(2) A trademark shall be transferred to a new owner in cases stipulated by special regulations.
4) 
(3) The contract on assignment of a trademark and transfer of a trademark enters into effect vis-à-vis  
third parties on day of its entry into the Register . This entry shall be requested by an acquirer.  
Article 30 
Licence 
(1) Licence agreement5) shall grant right to use a trademark for all goods or services for which a 
trademark has been registered or for only a part of them. 
(2) Licence agreement shall enter into effect vis-à-vis  third parties on day of its entry into the 
Register. Entry of a licence agreement into the Re gister shall be requested by a trademark owner. 
(3) Licence agreement granting right to use a sign whic h is subject-matter of a trademark application 
shall be deemed, after entry of this sign into th e Register, to be a licence agreement granting right 
to use a trademark, unless parties to a li cence agreement agreed otherwise.    
(4) In case of infringement or jeopardising of rights protected by this Act, a licence holder shall have 
same rights as a trademark owner.  
Right of lien 
Article 31 
(1) Right of lien6) on a trademark may be established.  
(2) Right of lien on a trademark shall be established on  day of its entry into the Register. Pledge 
creditor shall be obliged to require registration of  right of lien on a trademark. Pledge creditor 
shall be obliged to submit with the Office together with request for registration of right of lien on 
a trademark also an agreement on establishment of ri ght of lien with officially verified signatures 
of parties.  
Article 32 
1. Forfeiture of protection and ch ange of a trademark owner 
The Office shall, on proposal, forfeit a trademark fr om a trademark owner entered into the Register 
and shall enter proposing person as a trademark owner, provided that 
a) proposing person is a foreign trad emark owner (Article 4 (1)d)), 
b) a trademark is identical or interchangeable with  a foreign trademark  and is registered for 
identical or similar goods or services, 
c) a foreign trademark has been registered as a tr ademark pursuant to lette r (a) before filing an 
application of a trademark, and 
d) a trademark owner was in time of filing an a pplication a sales representative (Article 4 (1)d)) 
of a foreign trademark owner and filed a tradem ark application in his name without a consent 
of a foreign trademark owner.  IP/N/1/SVK/T/6 
 Page 17 
 
 
Article 33  
Special rights and obligations from collective trademarks  
(1) A collective trademark owner shall have rights and obligations with respect to that trademark in 
extent pursuant to Articles 24 to 32 unless stated otherwise. 
(2) Members of an association shall have rights pursuan t to paragraph (1) in extent pursuant to an 
agreement. 
(3) Members of an association shall be entitled in th eir economic activities to sign goods or services 
also with a trademark of which they are owners or to which they have right to use on basis of 
licence agreement. 
 
PART IV 
RELATIONS TO FOREIGN COUNTRIES, 
INTERNATIONAL REGISTRATION OF A TRADEMARK 
 
Article 34  
Relations to foreign countries  
(1) Provisions of international treaties, agreements and conventions by which the Slovak Republic is 
being bound, shall not affected by this Act.  
(2) Persons with their residence or seat within the te rritory of a member state to an international 
treaty1a) or within the territory of a member  state to the World Trade Organization1b) shall have 
same rights and obligations as national applicants or  trademark owners; if a state in which persons 
have residence or seat is not a member state to an international treaty1a)   or  to the World Trade 
Organization1b), rights and obligations pursuant to this  Act shall be conferred only under the 
condition of reciprocity. 
(3) Persons without permanent residence or seat within  the territory of the Slovak Republic, shall be 
represented by authorised representatives in proceedings on trademarks8. 
International registration of a trademark 
Article 35 
(1) Persons with their permanent residence or seat in the Slovak Republic shall be entitled to apply 
for international registration of a trademark by the Office, or for registration of amendments 
related to international registration of a trad emark pursuant to an international convention9.   
(2) An applicant requesting international registration of a trademark or registration of amendments 
related to international registration of a trademar k shall be obliged to pay fees stated in accordance 
with an international convention9 for actions pursuant to paragraph (1). Amount of a fee stated by 
an international convention shall be publ ished in the Official Journal.   
Article 36 
(1) International registration of a trademark with re quest for protection in the Slovak Republic shall 
have same effects as entry of a trademark into the Register performed by the Office. 
(2) Time limit for filing oppositions against providing  protection for an internationally registered 
trademark shall begin on the first day of a mont h following the month in which a trademark was 
published in the Gazette of the World Intellectual Property Organization. 
(3) If protection for an internationally registered tr ademark has been refused in the Slovak Republic, 
such trademark shall be deemed to have ne ver been registered in the Slovak Republic. IP/N/1/SVK/T/6 
Page 18  
 
 
Community trademark 
Article 36a 
 
(1) An application for a Community trademark shall be  filed with the Office which shall mark filing 
date and shall send it within 14 days to the O ffice for Harmonization in the Internal Market. 
(2) Community trademark registration shall have within the territory of the Slovak Republic same 
effects as registration of a trademark entered into the Register by the Office. 
(3) The Office shall supply an enforceable decision of the Office for Harmonisation in the Internal 
Market pursuant to a special regulation
9a) with confirmation on enforceability.  
 
Article 36b 
Conversion to a national trademark application 
 
(1) The Office shall examine a request for star ting national proceedings for conversion of a 
Community trademark application or a Community trademark to a trademark application pursuant 
to Article 109 of the Council Regulation2a), if an applicant, within two months from delivery of an 
invitation: 
 
a) submits translation of a request and of  its supplements into Slovak language, 
 
b) indicates a delivery address in the Slovak Republic, submits wording or two distinctive 
images of a trademark in A4 size suitable for repr oduction with all details and with size of longer 
side at least 8 cm. 
 
(2) The Office shall examine whether a request is ad missible in accordance with Article 110 (1) of the 
Council Regulation2a). If a request is inadmissible,  the Office shall refuse it. 
 (3) Filing date and priority date, eventually seniori ty of a prior trademark claimed pursuant to Articles 
34 and 35 of the Council Regulation
2a) shall be conferred to an app lication arising from conversion 
of a Community trademark application.   
 
(4) In case of a trademark application arising from conversion of a Community trademark application, 
the Office shall enter such sign into the Register without publishing the application with priority right which has been conferred to a Community  trademark; the Office shall publish this 
information in the Official Journal. 
 
Article 36c 
 
(1) A national trademark owner, application of whic h had been filed in good faith and with priority 
right before accession of the Slovak Republic to the European Union, shall have right to prevent 
using a Community trademark, effects of which have  been extended into the territory of the Slovak 
Republic on the base of access of the Slova k Republic to the European Union,  
 
a) if such national trademark is identical with a Community trademark and goods or services, for 
which both trademarks has been registered, are identical, or 
 
b) if, by reason of identity or interchangeability of  such national trademark  with a Community 
trademark a possibility of confusion of public and possibility of association with a national trademark exist and goods or services, to which trad emarks are related, are identical or similar, 
or  
  IP/N/1/SVK/T/6 
 Page 19 
 
 
c) if such national trademark is identical or inte rchangeable with a Community trademark, has a 
reputation in the Slovak Republic and using of  a Community trademark would take unfair 
advantage of, or be detrimental to, the distin ctive character or the repute of such national 
trademark  and goods or services, to which trademar ks are related, are not identical or similar.  
 
(2) An owner of a national trademark referred to in paragraph (1) shall be entitled to request, for 
infringement of his rights, compensation of a da mage which has occurred as a consequence of 
using of a Community trademark within the territo ry of the Slovak Republic within the extent 
stated in Article 26 (3). 
 
PART V 
COMMON, TRANSITIONAL AND FINAL PROVISIONS 
 
Common Provisions  
Article 37 
Proceedings on trademarks shall be governed by  general provisions on administrative procedures10 
except provisions of Articles 19, 23, 28 to 30, 32 to 34, 39, 49, 50, 59 (1) and Article 60. 
Article 38 
(1) An applicant or a trademark owner shall be pa rty to proceedings on trademarks or collective 
trademarks (hereinafter referred to as “party to proceedings”). 
(2) An authorised person who has filed oppositions ag ainst entry of a sign as a trademark into the 
Register pursuant to Article 9, an authorised pe rson pursuant to Article 32 and a person proposing 
cancellation of a trademark from the Register shall be party to proceedings. 
Article 39 
(1) Every filing with the Office shall be in a written form in an official language. 
(2) A submission shall concern one trademark or one collective trademark only. In case of a request 
for permission to amend data con cerning a person of a trademark or a collective trademark owner, 
a request for registration of assignment or transfer of a trademark, a request for registration of a 
representative or of changing a representative or a request for an error correction in a request, in 
the Register or in the Official Journal, one s ubmission shall concern several trademarks of one 
owner. 
(3) Provision of paragraph (2) shall also apply to iden tical requests concerning several applications of 
one trademark applicant. 
(4) If a party to proceedings on trademarks who filed a proposal to start proceedings fails to comply 
with an invitation of the Office to remove defi ciencies or to amend filing within specified time 
limit, the Office shall suspend the proceedings; a pa rty to proceedings shall be notified about this 
consequence by the Office in advance. The Office shall also suspend proceedings on a request of a 
person that submitted a proposal to start proceedings.  
Article 40 
2. Further proceedings 
(1) On the basis of request of a party to proceedings  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. IP/N/1/SVK/T/6 
Page 20  
 
(2) If a party to proceedings before the Office failed to comply with time limit for performing the act 
set by the Office, he is entitled to ask the Office  for further proceedings and at the same time to 
perform the omitted act not later than two months from delivery a decision of the Office issued as 
a consequence of failure to comply with time limit.  
(3) Request shall be refused pursuant to paragraphs (1) or (2) in case of time limits pursuant to 
paragraphs (1), (2), Article 6(3), Article 9, Ar ticle 10(2) and (4), Article 13(2), Article 17(3), 
Article 40a(1) and Article 42(1) and in case of failure to comply with time limit pursuant to 
Article 10(3).  
(4) The Office shall refuse request for extension of time  limit or for further proceedings which fails to 
comply with conditions pursuant to paragraphs (1) or (2) or to which prohibition pursuant to 
paragraph (3) is being related; be fore the request is refused, the Office shall enable the requester 
to respond to ascertained reasons on basis of  which the request is to be refused. 
(5) If the Office satisfies the request for further proc eedings, legal effects of decision issued as a 
consequence of failure to comply with time limit shall cease or shall not arise.  
(6) If the Office decides on request pursuant to para graphs (1) or (2) within two months from its 
delivery, the request shall be deemed to be satisfied.  
Article 40a 
3. Restitutio in integrum 
 
(1) If a party to proceedings before the Office unintenti onally fails to comply with legal time limit or 
time limit for performing an act set by the Offi ce whereas the consequence of failure to perform 
this act is proceedings suspension or forfeiture of  other right, he is entitled to ask the Office for 
restitutio in integrum  and at same time to perform the omitted act within two months from 
elimination of the impediment  causing failure of performing the act at the latest within 12 months 
from expiry of non-complied time limit.  
 
(2) Party to proceedings shall be obliged to sustain re quest pursuant to paragraph (1) and to state facts 
preventing performing the act. The Office shall not take into consideration statements submitted 
after time limits pursuant to paragraph (1) expired in deciding about request.  
 
(3) In case of reasonable doubts about veracity of a st atement pursuant to paragraph (2), the Office is 
entitled to invite the requester to prove his statements other way.   
(4) Request for restitutio in integrum  shall not be satisfied in case of failure to comply with time 
limits for performing acts pursuant to Article 40(3). 
 
(5) The Office shall refuse request for restitutio in integrum  which fails to comply with conditions 
pursuant to paragraphs (1) and (2), or it is not possi ble to be satisfied pursuant to paragraph (4), or 
the requester fails to prove his statements pursuant to paragraph (3); before the request is refused 
the Office shall enable the requester to respond to  ascertained reasons on basis of which request is 
to be refused. 
 (6) If the Office satisfies request for restitutio in integrum,  legal effects of decision issued as a 
consequence of failure to comply with time limit shall cease or shall not arise.  
 
 
(7) Third party that has used a sign identical or in terchangeable with applie d sign or trademark in 
good faith within the territory of the Slovak Repub lic in time from validity of a decision issued as 
a consequence of failure to comply with time lim it till forfeiture of legal effects of this decision  IP/N/1/SVK/T/6 
 Page 21 
 
 
pursuant to paragraph (6) shall be entitled to u se this sign within his business activity without an 
obligation for remuneration for use of this sign.   
 
Article 40b 
Grounds for decision 
 
(1) Party to proceedings before the Office shall be  obliged to submit or propose evidence to support 
his statements.  
(2) The Office shall exercise evidence 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 facts as certained from exercised evidences submitted or 
proposed by parties to proceedings.  
(4)  
Article 41 
 
(1) The Office shall enable third parties to inspect a file on request, if they prove legal interest. 
(2) Right to a file inspection shall include right for making photocopies on payment.  
(3) On written request of a trademark applicant or owner,  parts of file containing trade secret or other 
confidential information, publication of which is not necessary to secure right to information of 
third parties including parties to proceedings , shall be excluded from file inspection.   
(4) Rights pursuant to paragraphs (1) and (2) shall not be exercised in relation to parts of the file 
excluded pursuant to paragraph (3) , to record of voting and to parts of the file containing side 
notes or draft versions of decisions, measures or viewpoints. 
 
Article 42 
Remedies 
 
(1) An appeal against decision of the Office may be lodged within one month from delivery of 
decision; 
(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 concer ning several parties to proceedings on one side. 
(3) Reasoning of an appeal shall be filed with the O ffice within one month from date of appeal filing. 
Time limit for filing the reasoning of an appeal sh all not be extended and its missing remitted.   
(4) Filing an appeal shall not be admissible agai nst a decision by which a request for further 
processing or request for restitutio in integrum  has been satisfied. 
 
Article 43 
 
(1) The Office shall keep the Register in which deci sive data concerning trademarks are entered.  
 (2) Data entered into the Register pursuant to pa ragraph (1) shall be considered valid unless a 
decision of a relevant authority states otherwise. 
 (3) Changes in data entered into the Register en suing from valid and enforceable decision of a 
relevant authority shall be entered without delay into the Register by the Office after delivery of 
decision with a validity clause.  
 IP/N/1/SVK/T/6 
Page 22  
 
(4) Entry of data and facts ensuing from law or fro m decision of a relevant authority pursuant to 
paragraph (3) shall not be considered a decision issued in proceedings pursuant to provisions of 
the Code Administrative Procedure
10. 
 
(5) The Office shall issue the Official Journal in  which trademarks and collective trademarks 
applications pursuant to Article 8(5), as well as entr ies and renewals of entries of trademarks and 
changes in data of trademarks performed after entry of a trademark into the Register.    
 
Authorising provision 
Article 44 
 
1. Generally binding provision issued by the Office shall stipulate  
a) details about requirements of an app lication and divisional application , 
b) details about requirements of a contr act on using a collective trademark, 
c) details about requirement of documents provi ng acquisition of distinctive capability of a 
trademark, 
d) data in publishing a trademark application in the Official Journal, 
e) details about requirements of oppositions agains t entry of a sign into the Register as a 
trademark, 
f) data which shall be entered into the Register  and published in the Official Journal after 
registration of a trademark, 
g) details about requirements of a certificate, a duplicate, an abstract from the Register and 
document on priority right, 
h) details about requirements of request for entry of other facts into the Register, 
i) details about requirements of a proposal and re quest for cancellation of a trademark from the 
Register, 
j) details about requirements for request fo r renewal of a trademark registration, 
k) details about conducting files on a trademark a pplication and on a registered trademark, 
l) details about correction of errors, 
m) details about requirements of request for entry of an international trademark and request for 
entry of changes into the International Register of Trademarks, 
n) details about form of filing with the Office, a bout delivery and on filing via electronic means. 
 
Article 45 
Transitional provision 
 
(1) Proceedings on trademarks applications, that have not been concluded before this Act comes into 
effect, shall be concluded in accordance with this Ac t, therewith that an applicant shall be obliged 
to harmonise his application with requirement pursuant to this Act within specified time limit. 
(2) Rights and relations from trademarks , entered into the Register befo re this Act comes into effect, 
shall be governed by provisions of this Act. Ar ising of these rights and relations as well as claims 
arising from them before this Act comes into  effect shall be assessed in accordance with 
provisions effective in time of their arising.    IP/N/1/SVK/T/6 
 Page 23 
 
 
(3) A trademark owner, which has been declared  famous by the Office pursuant to present 
regulations, may request cancellation of identi cal or interchangeable trademark under the 
conditions referred to in Article 23(3) of th e Act No. 174/1988 Coll. on Trademarks within 
validity of a trademark up to ten years from entry of this Act into effect. During this period a 
famous trademark owner shall be entitled to a pply oppositions against entry of an identical or 
interchangeable sign into the Register pursuant to Article 9, regardless of goods or services for 
which an affected sign being applied. 
(4) If the Office ascertains that a famous trademark fails to meet requirements stated in Article 18(1) 
of the Act No. 174/1988 Coll. on Trademarks, it shall reverse a decision on the declaration of a 
trademark to be famous. 
(5) If oppositions were filed pursuant to Article 9 of the present Act before February 1, 2004, an 
opponent shall be obliged to harmonise his opposition s with conditions pursuant to this Act within 
three months form entry of this Act into e ffect, otherwise they shall not be taken into 
consideration.  
Article 45a 
 
2. Legal acts of the European Communities and th e European Union mentioned in Annex shall 
be adopted by this Act.  
Article 46 
Repealing Provision 
The following shall be repealed: 1. Act No. 174/1988 Coll. on Trademarks, 
2. Decree of the Office for Inventions and Discoveries No. 187/1988 Coll. on Proceedings in 
Trademarks, 
3. Article II. of the Act of the National C ouncil of the Slovak Republic No. 90/1993 Coll. on 
Provision in the Field of Industrial Property  
 
Article 47 
Entry into effect 
 
This Act shall enter into effect on March 1, 1997. The Act No 577/2001 Coll. entered into effect on January 1, 2002. 
The Act No 14/2004 Coll. entered into effect on Fe bruary 1, 2004 with exception of provisions of 
Article 4(3), Article 16(17), Article  27(3) and Article 36a to 36c, wh ich entered into effect on day on 
which the Treaty on Accession of the Slovak Re public to the European Union becomes valid. 
The Act No 344/2004 Coll. entered into effect on July 1, 2004. 
The Act No 84/2007 Coll. entered into effect on March 1, 2007.  IP/N/1/SVK/T/6 
Page 24  
 
Notes:  
                                                      
 i e.g. Article 20(f) to 20(j) of Civil Code, Article 69 of Act No. 455/1991 Coll. Trade Licensing Act as 
amended, Act No. 83/1990 Coll. on  Citizens associations as amended 
 1a) 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 June 14, 1967, promulgated by the Decree of 
the Minister of Foreign Affairs No. 64/1975 Coll. and amended by the Decree of the Minister of Foreign Affairs No. 81/1985 Coll. 
 
1b) Communication of the Ministry of Foreign Affairs of the Slovak Republic No. 152/200 Coll. on 
concluding the Agreement Establishing the World Trade Organization  
 1c) e. g. Articles 566 to 590 and 642 to 672 of the Commercial Code 
 2Article 6bis of the Paris Convention on the Industrial Property Protection from March 20, 1883, 
revised in Brussels on December 14, 19 00; 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. 
 2a) Council regulation (EC) No 40/94 of 20 Decembe r 1993 on the Community  trade mark. Council 
regulation (EC) No 3288 /94 of 22 December 1994 amending Council regulation (EC) No 40/94. 
 3 The Nice Convention on International Classification of Goods and Services for the Purposes of Mark 
Registration from June 15, 1957; revised in Stockholm on July 14, 1967 and in 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. 
 4 e. g.  Articles 69, 479 and 487 of the Commercial Code, Article 460 and 469 of the Civil Code, 
Article 12 to 17 of the Act No. 111/1990  Coll. on state enterprise as amended 
 4a) Decree of the Industrial Pr operty Office of the Slovak Republic No. 117/1997 Coll., on 
implementation of the Act No. 55/1997 Coll. on Trademarks 
 4b) Articles 74 to 77 and Article 102 of The Rules of Civil Procedure 
 7 Article 40 of the Act No. 237/1991 Coll.  on Patent Representatives as amended 
 8 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 
 
9 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 
 9a) Section 82 of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade 
mark. 
10 Act No. 71/1967 Coll. On Administrative Proceedings (the Administrative Code) 
 
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