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Trademark
A trademark or service mark can consist of a design which can be graphically displayed and which comprises any words including different symbols, the shape of goods or its package, or their mutual combinations. Such markings need to be designed to distinguish goods or services of one entity from another.
A trademark can be:
- A word
- A word in an attached reproduction
- Figurative
- Combined
- Three-dimensional
Act No. 506/2009 on trademarks deals with the rights and duties of trademark users, their ways of usage, and forms of protection.
What trademark can be registered?
The Industrial Property Office of the Slovak Republic can register trademarks which are visually perceptible. This means that a trademark cannot be registered as an aural sound effect (jingles) or an olfactory (relating to sense of smell) item.
A trademark can be applied for at both the national and international levels. The international level is further distinguished according to the territory of Community applicable for the European territory and international – global trademark.
Trademark registration is valid for ten years and validity is prolonged for a further ten years following the payment of an administrative fee. Applications are to be submitted at the Industrial Property Office, seated in Banská Bystrica, and have to include the applicant´s identification data.
A Trademark valid within Slovak territorial scope is assessed by the Industrial Property Office based on priority right. This means that the earlier submitted application and the earlier registered trademark has a priority right and no other entity can register a trademark for the given provided services and goods.
Who is a trademark for?
Many businesses are not able to appreciate a trademark, respectively they do not realise the power of a trademark, which enhances a company’s reputation and increases the competitiveness of a company. Businesses with a registered trademark are more trustworthy in the eyes of the public and in the eyes of business partners. The reputation and image of a company is also enhanced, which has an impact on the evaluation of its products and services.
A trademark can be applied for by a legal entity and natural person aiming at protecting their goods and services by a registered mark. Under the Act on trademarks, it is prohibited for third parties in trading to use a registered trademark without the consent of the mark owner in the following cases:
- the same marking for goods and services registered under a trademark,
- if there is a possibility of the public interchanging or confusing two trademarks due to equality or similarity,
- if, due to equality or similarity, it would have a good reputation within the territory of the Slovak Republic and would unduly benefit from the distinguishing ability and good reputation, and which would be detrimental to the trademark.
In the case of occurred interventions and possible damages, a trademark owner can request the prohibition of such violation or jeopardy, and its subsequent elimination.
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