Problems you may encounter when registering a trademark
Take a look around you and try counting how many different well-known and lesser-known brands you can see. In the vast majority of cases, these are not just brands but also trademarks, whose grant is governed, and whose protection is ensured, by the relevant legislation. A trademark typically consists of words, the shape or packaging of goods, numerals, letters or illustrations, and any combination of these. The essential purpose of a trademark is to clearly distinguish the services or goods of different persons, so it can carry not only a strong marketing message but also considerable financial value. Last but not least, a trademark provides a high level of legal protection against counterfeiters.
Trademark registration
To register a trademark, you must apply on the appropriate form of the Industrial Property Office of the Slovak Republic and take care to complete it correctly and in full. Each trademark requires a separate application. As with patents, the applicant acquires a right of priority at the moment of filing. If your application is in order, the Office will publish it in its Journal, from which point a three-month period begins during which any affected third parties may file written oppositions to the proposed registration. The Office examines all duly received oppositions, and well-founded ones may even lead to the application being refused. It is therefore essential to prepare and create your trademark carefully and in advance – you will save yourself a great deal of time, effort and money.
Legal assistance
If you are aware that you lack sufficient knowledge of or experience in trademark law, you are advised to be represented in proceedings before the Office by an authorised representative. This not only ensures that the application is completed correctly, that statutory deadlines are strictly met and that you are familiar with all the formalities, but also minimises the risk of registration being refused, which could ultimately jeopardise your business plans.
If everything is in order, your trademark will be registered and valid for ten years, and you can proudly add the familiar ® symbol to it. The trademark entitles you to its exclusive use for the services or goods for which it is registered. If you are planning to operate across a wider geographical area, ask your authorised representative about obtaining an international trademark.
