- ACT NO 506/2009 Coll. ON TRADE MARKS
- SECTION I BASIC PROVISIONS
- PART II RIGHTS CONFERRED BY A TRADE MARKS
- Section 8
- Use of a trade mark Section 9
- Section 10
- Section 11 Right of information
- Section 12
- Section 13
- Section 14 Limitation of trade mark rights
- Section 15 Exhaustion of trade mark rights
- Section 16 Limitation of trade mark rights in consequence of acquiescence
- Section 17 Transfer of the trade mark
- Section 18 Assignment of the trade mark
- Section 19
- Section 20 Licence agreement
- Section 21 Right of lien
- Section 22 Term of protection and renewal of registration of the trade mark
- Section 23Termination of the trade mark(
- SECTION III PROCEEDINGS BEFORE THE OFFICE
- Section 24 Application
- Section 25 Date of filing the application
- Section 26 Right of priority
- Section 27 Amendment and division of the application
- Section 28 Examination and publication of the application
- Section 29 Observations against entry into the Register
- Section 30 Oppositions
- Section 31
- Section 32
- Section 33 Registration of the trade mark
- Section 34 Revocation of the trade mark
- Section 35 Declaration of invalidity of the trade mark
- Section 36 Special provisions on effects of revocation of the trade mark ordeclaration of invalidity of the trade mark
- Section 37 Request for revocation of the trade mark and request for declaration of invalidity of the trade mark
- Section 38 Extension of the time limeand continuation of proceedings
- Section 39 Restitutio in integrum(1) If a party to proceedings before the Office that, in spite of
- Section 40 Appeal
- Section 41 Register
- Section 42Official Journal
- SECTION IV COLLECTIVE TRADE MARK
- SECTION V INTERNATIONAL TRADE MARKAND COMMUNITY TRADE MARK
- SECTION IV COMMON, EMPOWERING, TRANSITIONAL AND REPEALING PROVISIONS
ACT NO 506/2009 Coll. ON TRADE MARKS
From 28 October 2009
National Council of the Slovak Republic has adopted the following Act
SECTION I
BASIC PROVISIONS
Section 1
Subject-matter of the Regulation
This Act governs rights and obligations relating to legal protection of trade marks and proceedings on trade marks before the Industrial Property Office of the Slovak Republic (hereinafter referred to as “the Office”).
Section 2
Sign, which can be considered a trademark
Sign, which can be considered a trade mark, shall be any sign capable of being represented graphically and consisting particularly of words, including personal names, letters, numbers, drawings, shape of goods or their packaging or their mutual combinations, if such sign is capable of distinguishing goods or services of one person from goods or services of other person.
Section 3
For the purposes of this Act
a) an international trade markF1F shall be a trade mark entered in the Trade Mark Register of the International Bureau of the World Intellectual Property Office (hereinafter referred to as “the International Register”);
b) Community trade markF2F shall be a trade mark entered in the Community Trade Marks Register (hereinafter referred to as “Community Register”);
c) well-known trade mark shall be a trade mark pursuant to an international conventionF3F ;
1 Madrid Agreement Concerning the International Registration of Marks from April 14, 1891; revised in Brussels on December 14, 1900; in Washington, D.C. on June 2, 1911; in The Hague on November 6, 1925; in London on June 2, 1934; in Nice on June 15, 1957 and in Stockholm on July 14, 1967 promulgated by the Decree of the Minister of Foreign Affairs No. 65/1975 Coll. amended by the Decree of the Minister of Foreign Affairs No. 78/1985 Coll.,
Communication of the Ministry of Foreign Affairs of the Slovak Republic No 267/1998 Coll. on conclusion of the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks
2 Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ L 78, 24.3.2009)
3 Article 6bis of the Paris Convention on the Industrial Property Protection from March 20, 1883, revised in Brussels on December 14, 1900; in Washington, D.C. on June 2, 1911; in The Hague on November 6, 1925; in London on June 2, 1934; in Lisbon on October 31, 1958 and in Stockholm on July 14, 1967, promulgated by the Decree of the Minister of Foreign Affairs No. 64/1975 Coll. and wording by the Decree of the Minister of Foreign Affairs No. 81/1985 Coll.
4 Paris Convention on the Industrial Property Protection.
5 Communication of the Ministry of Foreign Affairs of the Slovak Republic No. 152/200 Coll. on concluding the Agreement Establishing the World Trade Organization
6 Articles 34 and 35 of the Council Regulation (EC) No 207/2009
7 Article 6ter of the Paris Convention on the Industrial Property Protection
8 e.g. § 1b of the Act No. 369/1990 Coll. on Municipality, as amended
9 §§ 11 to 16 of Civil Code
10 e.g. Act No. 444/2002 Coll. on Designs as amended, Act no. 469/2003 Coll. on designations of origin for products and geographical indications for products and on amendment of some acts
11 § 11 of the Act No 371/2004 Coll. on Seats and Territories of the Courts of the Slovak Republic, as amended
12 §§ 74 to 77 and § 102 of The Rules of Civil Procedure
13 Agreement on the participation of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic in the European Economic Area, (Communication of the Ministry of Foreign Affairs of the Slovak Republic No. 266/2004 Coll.), Agreement on the participation of the Republic of Bulgaria and Romania in the European Economic Area and four related agreements (Communication of the Ministry of Foreign Affairs of the Slovak Republic No. 122/2008 Coll.)
14 e. g. § 116 of the Commercial Code, § 483 of the Civil Code, the Act No. 111/1990 Coll. on State Enterprise, as amended
15 §§ 508 to 515 of the Commercial Code
16 §§ 151a to 151md and § 552 of the Civil Code
17 The Nice Convention on International Classification of Goods and Services for the Purposes of Mark Registration from June 15, 1957; revised in Stockholm on July 14, 1967 and in Geneva on May 13, 1977, promulgated by the Decree of the Minister of Foreign Affairs No. 118/1979 Coll. and amended by the Decree of the Minister of Foreign Affairs No. 77/1985 Coll.
4 Paris Convention on the Industrial Property Protection
18 Article 4 d) 3) of the Paris Convention on the Industrial Property Protection
19 §§ 44 to 52 of the Commercial Code
20 Article 9quinquies of the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks
21 Article 2 of the Council Regulation (EC) No 207/2009
22 Treaty between the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of Germany, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria, the Portuguese Republic, the Republic of Finland, the Kingdom of Sweden, the United Kingdom of Great Britain and Northern Ireland (Member States of the European Union) and the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, the Slovak Republic, concerning the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union (Communication of the Ministry of Foreign Affairs of the Slovak Republic No. 185/2004 Coll.)
23 Article 86 of the Council Regulation (EC) No 207/2009
24 § 275 (1) of The Rules of Civil Procedure
25 Article 113 of the Council Regulation (EC) No 207/2009
26 e.g. Act No. 586/2003 Coll. on Advocacy, as amended, Act No. 344/2004 Coll. on Patent Representatives.
27 Act No. 71/1967 Coll. On Administrative Proceedings (the Administrative Code)
28 Act of the National Council of the Slovak Republic No 270/1995 Coll. on Official language of the Slovak Republic, as amended
29 Act of the National Council of the Slovak Republic No 145/1995 Coll. on Administrative fees, as amended
d) foreign trade mark shall be a trade mark entered in the trade mark register of a state or in relation to a state, which is a contractual party to an international conventionF4F or a member of the World Trade OrganisationF5F.
Section 4
Earlier trade mark
For purposes of this Act, earlier trade mark shall be
a) a trade mark entered in the Trade Mark Register of the Industrial Property Office of the Slovak Republic (hereinafter referred to as “Register”) with an earlier priority right;
b) an international trade mark with designation for the Slovak Republic with an earlier priority right;
c) a Community trade mark with an earlier priority right or earlier seniority rightsF6F;
d) a sign, which is a subject-matter of a trade mark application (hereinafter referred to as an “application”), if it shall be entered as a trade mark referred to in a) or c).