This type of industrial property right is protected by registration in the trademark register kept by the Industrial Property Office.

Without the trademark owner’s consent, no one may use in the course of trade:

  • a sign identical to the trademark for goods or services identical to those for which the trademark is registered
  • a sign which, because of its identity with or similarity to a registered trademark and the identity or similarity of the goods or services covered, creates a likelihood of confusion on the part of the public, including the likelihood of association between the trademark and the sign
  • a sign identical or similar to the trademark for goods or services that are not similar to those for which the trademark is registered, where the trademark has a reputation in the Slovak Republic and use of the sign would, without due cause, take unfair advantage of, or be detrimental to, the distinctive character or reputation of the trademark.

Unauthorised interference with trademark rights entitles the owner to seek a court order prohibiting the threat or infringement and requiring its consequences to be remedied. The trademark owner may also claim appropriate redress in the form of financial compensation. The right to the surrender of unjust enrichment and to damages remains unaffected.

The trademark owner is also entitled to claim damages caused by conduct occurring after the application was published, as well as appropriate redress. In such a case, the court will rule on the matter only once the trademark has been entered in the register.

The owner of a trademark is entitled to information about the origin of goods and of the accompanying documents from any party that places, or intends to place, on the market goods or services bearing on their packaging or accompanying documents a sign identical or similar to the owner’s trademark. The decision rests with the court, which will dismiss the claim if it would be disproportionate to the threat to or infringement of the trademark.

The trademark owner may ask the court to issue an order against the party threatening or infringing the trademark rights. The court may order the withdrawal from the market or destruction of goods whose marketing, manufacture or storage infringed or threatened the right protected by the trademark, and may also order the destruction of materials and tools intended or used exclusively for activities that threaten or infringe trademark rights. The court will not order destruction if the goods are not exclusively owned by the party against whom the application is directed, or if the infringement or threat could be remedied in another way and destruction would be disproportionate to it. Removing a sign or counterfeit trademark from goods before they are placed on the market may be permitted only in exceptional cases.