On December 3,2003,the National Council of the Slovak Republic has adopted an amendment to the Act No.55/1997 Coll., on Trademarks. The amendment reflects in particular the upcoming access of the Slovak Republic to the European Union, introducing provisions related to the Community trademark. These provisions shall enter into force on the day of the accession of the Slovak Republic to the European Union, i.e. on May 1,2004. The validity of all Community Trademarks shall extend to the territory of the Slovak Republic automatically without any administrative intervention of the Industrial Property Office of the Slovak Republic or the Office for Harmonization of the Internal Market in Alicante on that day.
In case of collision of the Community trademark with the national trademark, filed in good faith with priority dating back to the period before the accession of the Slovak Republic to the European Union, the proprietor of the national trademark is entitled to prohibit the use of the Community trademark in the Slovak Republic, provided that the national trademark is identical with the Community trademark and the goods or services covered by both trademarks are identical, or due to the identity or similarity of this national trademark with the Community trademark a likelihood of confusion on the part of the public including the likelihood of association with the national trademark exists and the goods or services covered by both trademarks are identical or similar, or the national trademark is identical to or similar with the Community trademark, the national trademark has a reputation in the Slovak Republic and the use of the Community trademark would take unfair advantage of or be detrimental to the distinctive character or the reputation of this national trademark and the goods or services covered by those trademarks are not identical or similar.
The litigations resulting from these collisions shall be decided by the Regional Courts in Bratislava, Banská Bystrica and Košice as courts competent for decision-making related to the intellectual property rights. Besides the area concerning the Community trademark, the amendment has regulated some general questions,the solution of which was required by the practice of the Office, introducing some new notions of the trademark law. The novelties include e.g. a possibility to apply for the trademark by a subject not conducting any business activity, the introduction of the concept of the trademark with a good reputation and a possibility to refuse the registration of the trademark, which has not be applied for in good faith, as well as the introduction of the new institute of observations.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
