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Zivko Mijatovic & Partners

LOCATIONS

Slovakia

Krasovskeho 13
85101 Bratislava
Slovak Republic
T: +421 2 63 452 507 F:

Slovakia IP Requirements

Trademarks

  • Filing the Application – Requirements
  • Registration Procedure
  • Opposition
  • Duration
  • Recording changes in the Register

Patents

  • Filing a Conventional Application – Requirements
  • Filing a National Phase of PCT Application – Requirements
  • Time limits for filing a National phase of PCT Application
  • Registration Procedure
  • European Patent
  • Duration
  • Recording changes in the Register

Industrial Designs

  • Filing the Application – Requirements
  • Registration Procedure
  • Duration
  • Recording changes in the Register

Conventions

  • Paris Convention
  • Madrid Agreement
  • Madrid Protocol
  • PCT Convention
  • EPC
  • Slovak Trademark Act of 1 January 2010
  • Law No. 444/2002 on Designs

Trademarks

Filing the Application – Requirements

  • Name and address of the Applicant;
  • Representation of the Mark;
  • List of Goods and Services according to Nice Classification 12th Edition (Classes 1-45)
  • Priority date, country and number and the original Priority document which can be submitted subsequently
  • Power of Attorney simply signed by the Applicant. The PoA can be submitted; subsequently. The deadline for submitting the PoA can be extended several times (scanned copy is sufficient);
  • Priority document must be filed with three months from the date of filing the application.

Registration Procedure

  • The Application is filed with and examined by the Patent and Trademark Office (Office);
  • The registration procedure takes 6-9 month (if no opposition filed) from the application date.

Opposition

  • Opposition can be filed against the published Trademark Application can be filed within three months from the date of publication.

Duration

  • Upon payment of registration fees the Trademark is valid for 10 years from the application date;
  • Upon filing the renewal application and payment of renewal fees the Trademark will be extended for a further 10 years. The renewal fees can be paid during the last year of the previous ten years protection period or up to six months after the expiration date with a fine of 100% of the renewal fees.

Recording changes in the Register

Assignment of Rights Requirements

  • Power of Attorney simply signed by the Assignor or by the Assignee (scanned copy is sufficient);
  • Original Assignment document simply signed by the Assignor and the Assignee or a certified copy of this document.

Change of Name Requirements

  • Power of Attorney indicating the new name, simply signed by a representative of the Company (scanned copy is sufficient).

Change of Address Requirements

  • Power of Attorney indicating the new address, simply signed by a representative of the Company (scanned copy is sufficient).

 

Patents

Filing a Conventional Application – Requirements

  • Name and address of the Applicant;
  • Name and address of the Inventor(s) or a declaration that the Inventor does not wish to be mentioned by name in the Application;
  • Priority date, country and number;
  • Description of Patent;
  • Patent Claims;
  • Drawings (if any);
  • Abstract – summary of the invention;
  • The document showing the assignment of rights by the Inventors in favor of the Applicant, simply signed by the Inventors – it can be submitted subsequently;
  • Power of Attorney simply signed by the Applicant – can be submitted subsequently (scanned copy is sufficient);
  • Priority document – can be submitted subsequently;
  • The Application is to be filed within one year from the priority date;
  • Translation of description, claims and abstract into the local language, can be filed subsequently.

Filing a National Phase of PCT Application – Requirements

  • Name and address of the Applicant;
  • Name and address of the Inventor(s) or a declaration that the Inventor does not wish to be mentioned by name in the Application;
  • Description of Patent;
  • Patent Claims;
  • Drawings (if any);
  • Abstract – summary of the invention;
  • Priority date, country and number;
  • International Search report;
  • International Preliminary Examination Report;
  • PCT Publication page;
  • The document showing the assignment of rights by the Inventors in favor of the Applicant, simply signed by the Inventors – it can be submitted subsequently;
  • Power of Attorney simply signed by the Applicant – can be submitted subsequently (scanned copy is sufficient);
  • Translation of description, claims and abstract into the local language, can be filed subsequently.

Time limits for filing a National phase of PCT Application

  • The Application is to be filed with the Office within 31 months from the Priority Application date.

Registration Procedure

  • Application is to be published within 18 months from the application date or from the priority date;
  • Request for full examination is to be filed within 36 months from the filing date or from the International filing date.

European Patent

  • The Slovak Republic has been member of the European Patent Organization since July 1, 2002.

Duration

  • 20 years from the application date for conventional Patents;
  • 20 years from the International filing date for the National Phase of PCT patents;
  • 25 years – supplementary protection certificate can be obtained and the validity of the patent can be extended up to five years;
  • the protection fees are to be paid annually, prior to the expiration of the year for which the protection fees have been paid or six months after the expiration of the protection period at the latest, with a 100% fine.

Recording changes in the Register

Assignment of Rights Requirements

  • Power of Attorney simply signed by the Assignor or by the Assignee (scanned copy is sufficient);
  • Assignment document with signature of the Assignor and signed by the Assignee.

Change of Name Requirements

  • Power of Attorney indicating the new name, simply signed by a representative of the Company (scanned copy is sufficient).

Change of Address Requirements

  • Power of Attorney indicating the new address, simply signed by a representative of the Company (scanned copy is sufficient).

Industrial Design

Filing the Application – Requirements

  • Name and address of the Applicant,
  • Name and address of the author or a declaration that the author chooses not to be mentioned in the application;
  • Information regarding the number of external shapes the protection is requested for;
  • Full and short title of the industrial design;
  • A two-dimensional presentation of the shape for which protection is sought (photograph or a graphic presentation of the product for which protection is requested; image of any design for which registration in an application is required and from which the substance of a design can be distinguished exactly);
  • Indication of a product in which the design is embodied or to which it is applied;
  • Power of Attorney simply signed by the Applicant’s representative. The PoA can be submitted subsequently (scanned copy is sufficient).

Registration Procedure

  • Industrial Design Applications are examined by the Patent and Trademark Office. If the application meets the prescribed requirements, the Office will issue the Decision to grant;
  • The fees are payable every five years.

Duration

  • 5 years from the Application Date; can be extended 4 times (total term of protection 25 years from the date of filing an application).

Recording changes in the Register

Assignment of Rights Requirements

  • Power of Attorney simply signed by the Assignor (scanned copy is sufficient);
  • Power of Attorney simply signed by the Assignee (scanned copy is sufficient);
  • Assignment document simply signed by the Assignor and the Assignee. No legalization or notarization is required.

Change of Name Requirements

  • Power of Attorney indicating the new name, simply signed by a representative of the Company (scanned copy is sufficient).

Change of Address Requirements

  • Power of Attorney indicating the new address, simply signed by a representative of the Company (scanned copy is sufficient).

 

This text is for informational purposes only and should not be considered as legal advice. Should you require any additional information, feel free to contact us.

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