How long does the trademark registration procedure take?
From filing the trademark application to its entry in the register kept by the Industrial Property Office of the Slovak Republic, the procedure takes approximately 11 to 15 months. This assumes, however, that no significant complications arise with a conflicting mark or another industrial property right. The period is gradually getting shorter, and work is under way to speed up the whole procedure.
From when may I use the ® symbol with my trademark?
The ® symbol may be used only from the date on which the trademark is entered in the register, and only for as long as that registration remains valid.
Can I take action against a competitor using my trademark for the same products? How?
As a trademark owner, you can seek protection through the courts. You can require the infringer to cease the unlawful conduct and remove the trademark from their products. You may also claim appropriate redress, including financial compensation, damages and the surrender of any unjust enrichment. In addition, you are entitled to ask the court to order the infringer to withdraw from the market and destroy all products that infringe or threaten your rights.
Why carry out a search of the trademark register?
The search results show whether an identical or similar sign is already in use that you, as the applicant, wish to protect or use in trade in future. A thorough search followed by an expert assessment can thus prevent problems that might otherwise arise later from a conflict of rights with a similar, already registered trademark.
Do I need a business authorisation in order to own a trademark?
No authorisation of any kind is required any longer, as follows from the Trademarks Act, which came into force on 1 February 2004. Under its provisions, the applicant or owner of a trademark does not need to be authorised to do business in respect of the goods and/or services concerned. ,
The national trademark database – what does it contain and how often is it updated?
This database contains only trademarks and trademark applications filed with and registered by the Industrial Property Office of the Slovak Republic. The data may be used freely. The database is updated daily, and application details, including the list of goods and services, are added on the day of filing. For figurative marks, the image becomes available within one day.
Will a Slovak trademark be enough to protect my products when exporting abroad? Is a trademark registered in Slovakia also valid abroad?
A trademark is valid only in the territory where it was registered. To be protected abroad as well, you need to file a national trademark application in each country where you wish to protect your product, an application for a European Union trademark valid in all EU member states, or an international trademark application.
Can anyone own a trademark?
Yes. A trademark may be owned by any natural or legal person. If the applicant does not have permanent residence or a registered office in the Slovak Republic, the trademark application can be filed only through a legal representative.