Trademark registration in Slovakia

Slovakia, with its favorable geographical location and being a member of the European Union, offers many opportunities for businesses looking to expand their markets. However, to be successful, building and protecting the brand is extremely important. Slovakia is a major European automobile manufacturing hub, with the presence of many well-known car manufacturers. Trademark registration for automobile-related products such as components and spare parts will be very beneficial. Services such as repair, maintenance, and car rental also have strong development potential. Slovakia has a high-quality IT workforce, which facilitates the development and export of software products. Services such as consulting, software development, and information security are also very popular. Slovakia has fertile land and a climate that is favorable for cultivation and animal husbandry. Registering a trademark for high-quality agricultural products will help you access the European market. In addition, processed food products from local agricultural ingredients can also generate high profits. Slovakia has fertile land and a climate that is favorable for cultivation and animal husbandry. Registering a trademark for high-quality agricultural products will help you access the European market. Food products made from local agricultural ingredients can also generate high profits. Therefore, more and more businesses want to expand their business scope here, Viet An Law would like to guide customers through the preliminary procedures for trademark registration in Slovakia through the article below.

Legal Basis

• Law No. 506/2009 on Trademarks (amended until Law No. 291/2018)

Definition of Trademark in Slovakia

A trademark is a sign used by entities to mark their goods or services in order to distinguish them from other entities that produce the same type of goods or provide the same type of service.

Types of trademarks that can be registered in Slovakia

• Letter trademarks: Consisting of words, letters, or numbers used as trademarks.
• Figure trademarks: Includes logo, design, and logo.
• Three-Dimensional trademarks: Is the shape of a product or the packaging of the Trademark.
• Sound trademarks: These are the characteristic sounds associated with a product or service.
• Color trademarks: These are specific color combinations that are used as trademarks.
• Motion trademarks: These are dynamic elements, such as animations or moving images.
• Multimedia trademarks: Incorporates various elements, such as sound, images, and text.

Conditions for Trademark Registration in Slovakia

Uniqueness

• Unique: Your trademarks must be different from existing trademarks in the market.
• Easy to distinguish: The trademark must clearly distinguish your goods or services from your competitors.

Validity

• Permitting signs: Your trademark must be represented by a sign, such as words, logos, shapes, sounds, colors, or combinations thereof.
• Non-descriptive: Trademarks should not merely describe goods or services.
• Don’t be misleading: Trademarks shouldn’t mislead consumers about the nature, quality, or geographic origin of a product or service.

Trademark Registration Records in Slovakia

• Trademark registration application: The applicant fills in completely and accurately (you can refer to the form in the link below https://www.indprop.gov.sk/en/documents-and-forms), including the following information:
  • Name and address of the applicant (individual or business)
  • Trademarks type (word, logo, image, etc.)
  • A detailed description of the trademark (meaning, color, typography, etc.)
  • List of goods or services according to the Nice classification system
  • Application Fee
• Trademark Templates: Two clear and easily visible copies of the trademark printed on a white background. If the trademark is colorful, a clear note should be made.
• Identification documents:
  • A copy of the applicant’s identity card or passport (if it is an individual).
  • Business registration certificate or business license (if it is an enterprise).
• Power of attorney (if applicable): If the applicant hires an attorney or legal representative to file the application, a valid power of attorney is required.
• Additional documents (if any): If the trademark has special elements, the applicant needs to provide explanatory or illustrative documents. For example, if the trademark is a complex logo, the applicant can provide technical drawings.
• Fee payment receipt

How to file a trademark registration dossier in Slovakia

To file a trademark protection application in Slovakia, you can file by the following filing methods:

• Direct submission: Customers can come directly to the Department of Industrial Property of the Slovak Republic at ul address. Švermova 43 974 04 Banská Bystrica 4 Slovak Republic to apply and related documents.
• By post: You can send the application form and all the necessary documents through the postal service or courier service to the Industrial Property Office of the Slovak Republic at ul address. Švermova 43 974 04 Banská Bystrica 4 Slovak Republic.
• Filing online via the EPTOS system: “EPTOS (Epoline® Online Filing) is a system provided by the European Patent Office (EPO). This system allows the creation and submission of applications in electronic form to the EPO, the Industrial Property Office of the Slovak Republic, and also the national authorities of several other countries.

Register trademark protection in Slovakia through the Madrid System

The Madrid System is a convenient and cost-effective solution for global trademark registration and management. File a single international trademark application and pay a one-time fee to register protection in up to 130 countries. Applicants can modify, renew or expand their global trademark portfolio through a centralized system.

Madrid Agreement:

• Slovakia acceded to the Madrid Agreement on 1 January 1993
• The Madrid Agreement allows trademark owners to register their trademarks in a single member state (the “country of origin”) and then extend protection to other member states (the “designated country”) through a single international application.

Madrid Protocol:

• Slovakia acceded to the Madrid Protocol on 13 September 1997
• The Madrid Protocol modernizes and simplifies the international trademark registration system established under the Madrid Agreement.
• The Madrid Protocol allows trademark owners to designate additional member states to an international application already filed under the Madrid Agreement or the Madrid Protocol.

Trademark registration dossier under the Madrid System

The Madrid Application includes the Madrid Application of Vietnamese origin and the Madrid Application of Slovakia.

For Madrid Applications of Vietnamese origin, the applicant must file through the state management agency for industrial property rights, i.e. the National Office of Intellectual Property of Vietnam. According to Article 25 of Decree 65/2023/ND-CP, a Madrid application originating from Vietnam includes the following documents:

• Declaration of request for international registration of a trademark of Vietnamese origin (Form No. 01 in Vietnamese in Appendix II of Decree 65/2023/ND-CP);
• 02 MM2 declarations according to the form of the International Office in English or French;
• 02 trademark samples are exactly the same as the trademark in the registration application filed in Vietnam (basic application) or the trademark registration certificate (basic registration);
• 02 MM18 declarations in English (if the application has a US designation);
• Power of attorney in Vietnamese (According to the form of Viet An Law Firm);
• Receipts of payment of fees for carrying out procedures for international registration of trademarks originating in Vietnam;
• Other relevant documents (if necessary).

Fees for filing through the Madrid System

Fees include:

• Basic fee (653 Swiss francs; or 903 Swiss francs for a color trademark) (Note! A 90% discount applies if the applicant files at the Intellectual Property Office of a developing country at least); and

The additional fees depend on where the applicant wants to protect his trademark and the number of groups of goods and services the applicant wants to cover. In order to expand its geographical coverage, or modify or renew its international registration, the applicant will have to pay additional fees.

Trademark registration services in Slovakia by Viet An Law Firm

• Perform the search and notify the customer in writing of the result of the trademark search in Slovakia;
• Drafting dossiers and directly filing and monitoring the status of trademark registration applications in Slovakia on behalf of trademark owners;
• Notifying, advising and handling shortcomings/rejections of competent State agencies (if any) in the process of monitoring trademark applications in Slovakia;
• Assist in monitoring, representing objections and responding to intellectual property representatives who carry out procedures in Slovakia.
• Receive official dispatches, certificates and hand over to customers (if any).

If you wish to file a trademark registration application in Slovakia, please contact Viet An Law for the most effective support