Slovenia

Effective trademark protection allows avoiding problems and potential losses especially in cases of infringement or/and unfair competition by third parties. To ensure respect for the trademark rights, registration of trademarks is paramount; although it is not a straightforward process, assistance of an experienced and highly qualified trademark attorney will ensure successful prosecution of a trademark application.A sign or any combination of signs that enables the goods or services of one undertaking to be distinguished from those of other undertakings and can be represented graphically may be registered as a trademark.

The term of validity of a trademark is ten years from the filing date of the application. The grace period for non-use is five years from the date of entry of the trademark in the register.

The Office checks whether the application meets the conditions for registration of the trademark, but it does not check the existence of previously registered identical or similar trademarks. If the application satisfies all the required conditions, the Office publishes it in its official bulletin.

The holder of a previously registered identical or similar trade mark may, within three months of the date of publication of the application, file a written opposition to the registration.

A sign cannot be registered as a trademark if:

  • it cannot constitute a trademark;
  • it is devoid of any distinctive character;
  • in trade, it serves solely to designate the type, quality, quantity, intended purpose, value, geographical origin or time of production of the goods or provision of services or other characteristics of the goods or services;
  • it consists solely of signs or indications which have become customary in the current language or in the bona fide and established trade practices;
  • it consists solely of the shape or other characteristic that results from the nature of the goods themselves or the shape or other characteristic of the goods which is necessary to obtain a technical effect or gives substantial value to the goods;
  • it is contrary to public order or morality;
  • it deceives the public, in particular as to the nature, quality or geographical origin of the goods or services;
  • it includes or imitates coats of arms, flags and other national symbols which are protected pursuant to Article 6ter of the Paris Convention, unless the competent authorities have given consent to the registration thereof. Coats of arms, flags, symbols, abbreviations and the names of international intergovernmental organisations are also protected in the same way. The Slovenian coat of arms, flag or constituent parts thereof or the flag of the Slovenian nation and the text of the anthem and the notation of its melody may not be protected or used as a trademark. This does not apply to collective marks whose bearers are the ministries or Government of the Republic of Slovenia (the Act Regulating the Coat of Arms, Flag and Anthem of the Republic of Slovenia and the Flag of the Slovenian Nation);
  • it includes or imitates badges, emblems or escutcheons, other than those covered by Article 6ter of the Paris Convention, that are of particular public interest, unless the competent authorities have given consent to the registration thereof;
  • it is excluded from registration in accordance with the regulations which provide protection for designations of origin and geographical indications;
  • it is excluded from registration in accordance with the regulations which provide protection for traditional terms for wine;
  • it is excluded from registration in accordance with the regulations which provide protection for traditional specialities guaranteed;
  • it consists of a plant variety name that has been previously registered in accordance with the regulations which provide protection for plant variety rights and relates to plant varieties of the same or closely related species or contains the essential elements of such a name.

The validity of a trademark is 10 years from the date of filing of the application and may be extended indefinitely for the same period.

The renewal fees shall be paid within one year preceding the due date. The Office shall notify the holder of a trademark of the due date of the fee at least six months before the due date.

If the fee for maintaining a right is not paid in accordance with the provisions of Article 109 of this Act on the due date or before, it can be paid within the grace period of six months, counting from the due date for the fee, together with an additional late payment fee. The late payment fee shall amount to 50% of the total prescribed fee that has not been paid in due time.