To harmonize with EU law and take account of various EU Directives, Slovak Trademark Act was amended on December 3, 2003
The most significant amendments follow:
The trademark is not recognized if the application was filed in bad faith.
Grounds of opposition have been extended by adding various sections that conform to EU articles. The sections in question contain terms such as “acquired reputation”, “unregistered sign”, “distinctive character” and “unfair advantage”.
New provisions relating to the protection of the Community trademark have been introduced. These provisions include, but are not limited to, the possibility of filing CTM applications before the Slovak IP Office, oppositions based on a Community trademark, conversions into national applications, etc.
Third parties are now entitled to submit observations to the IP Office before the entry of the trademark in the register. Although individuals or entities submitting the observations will not become party to the proceedings, the IP Office shall take them into account and inform them of the outcome of its assessment.
Partial refusal of a trademark has been introduced. If the reasons for refusal concern some, but not all, goods or services, the application shall be refused only in respect to those goods and services that are being opposed.
A request for conversion of a Community trademark application or registered Community trademark into national trademarks may be introduced before the IP Office, following the provisions of the Council Regulation No 40/94 of December 20, 1993. The new law contains the necessary provisions governing conversions at the national level.